RAJKUMAR AMRUTHRAO GUDDADIGI Vs. SHILAJA RAJKUMAR GUDDADIGI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The Respondent has filed his affidavit in reply. By consent of the parties, the matter is taken up for final hearing.

(2.) The Petition challenges the quantum of interim maintenance granted by the 6th Joint Civil Judge Senior Division, Kalyan to the Respondent/wife and minor child on an application under Sec. 24 of the Hindu Marriage Act, 1955 ( "HMA ") made by Respondent.

(3.) The objective of granting interim maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of their marriage and not as a punishment to the other side. There is no straight jacket formula for fixing the quantum of maintenance to be awarded but the settled legal position suggests that the amount of maintenance awarded must be reasonable and realistic and avoid either of the two extremes, i.e., it should neither be so extravagant which becomes oppressive and unbearable for the Respondent, nor should it be so meager that it drives the Applicant to penury. The Petitioner/husband claims that the quantum awarded by the learned trial Judge is unfair and does not balance equities. It is this dilemma which presents itself before this Court for consideration in the present Petition.