Q. What are the equivalent citations for Lilawati vs State of Uttar Pradesh and Another ?

The equivalence citation are(1982) SCC CRI 247 ; (1982) 1 SCC 437 ; LQ/SC/1980/361 ;

Lilawati Vs. State Of Uttar Pradesh And Another On 02 September, 1980

Q: Q. What was the bench assigned for the case Lilawati vs State of Uttar Pradesh and Another?

HONBLE JUSTICE R.S.SARKARIA , HONBLE JUSTICE V. D. TULZAPURKAR

Open iDraf

Lilawati v. State Of Uttar Pradesh And Another

Lilawati
v.
State Of Uttar Pradesh And Another

(Supreme Court Of India)

Criminal Appeal No. 575 of 1980 | 02-09-1980

TULZAPURKAR, J.

Special leave granted.

2. We have heard counsel on either side. We are satisfied that the High Court has unnecessarily interfered with the finding of fact recorded by the Sessions Judge in Criminal Revision No. 101 of 1975 on the point that the husband had failed and neglected to maintain his wife and has ill-treated her. However, it does appear that the question of quantum of maintenance for the wife and one child who is staying with her, in relation to the husbands income does not seem to have been properly considered by the Sessions Court. We therefore set aside the impugned order of the High Court and send the case back to the Sessions Judge for disposal according to law on the point of quantum of maintenance to be awarded to the wife and the child. Parties may be permitted to lead evidence in that behalf and for that purpose the Sessions Judge may have the evidence recorded and certified through the learned Trial Magistrate. In the meantime we direct that the husband shall pay Rs. 50 p.m. to the wife as interim maintenance which amount shall be deposited by the husband in the Sessions Court, Mainpuri, for September 1980 on or before October 5, 1980 and for succeeding month on or before the 5th of the following month.

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For

Bench List

HON'BLE JUSTICE R.S.SARKARIA
HON'BLE JUSTICE V. D. TULZAPURKAR

Eq Citation

(1982) SCC CRI 247

(1982) 1 SCC 437

LQ/SC/1980/361

HeadNote

Hindu Marriage Act, 1955 — Ss. 125(1) and (3) — Maintenance — Quantum of — Held, question of quantum of maintenance for wife and one child who is staying with her in relation to husband's income does not seem to have been properly considered by Sessions Court — Case sent back to Sessions Judge for disposal according to law on point of quantum of maintenance to be awarded to wife and child — In the meantime, husband directed to pay Rs 50 pm to wife as interim maintenance which amount shall be deposited by husband in Sessions Court for September 1980 on or before 5th October 1980 and for succeeding month on or before 5th of following month