Q: Discuss the citation Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386 ?

Ans: In case of Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386, the honourable Supreme Court held that the object of the provisions of maintenance are to prevent vagrancy as well as destitution. The Magistrate has to find out as to what is required by the wife to maintain the standard of living which is neither luxurious nor penurious but is modestly consistent with the status of the family. The requirements of the wife for such moderate living can be fairly determined, only if her separate income, also, is taken into account together with the earnings of the husband as well as his commitments.
The Supreme Court of India held that the separate or independent income of the wife should also be considered while determining the amount of maintenance payable to her. Therefore, the Court passed the appeal and set aside the judgment delivered by the High Court. The Court decided to send the case back to the trial Magistrate to readjust the amount of maintenance.
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