PRAMOD KAPLISH Vs. ALKA KAPLISH

JUDGEMENT

(1.) REVISION petitioner is the husband of the respondent. They were married on 22. 1. 1980. The husband allegedly deserted the wife on 1980 She filed a suit on 6. 3. 91 claiming post maintenance from 14. 9 90 all the date of filing of the suit as also future maintenance at the rate of Rs. 10,000/- p. m it is stated that the husband has filed written statement. The wife also filed an interlocutory application seeking direction for payment of interim maintenance at the rate of Rs. 5,000/- p. m. till the disposal of the suit. This Court ordered payment of interim maintenance at the rate of Rs. 3,000/- p. m. This order is now being challenged in the present revision.

(2.) THE husband moved for stay in this Court. This Court passed an ex-parte order for maintenance at the rate of Rs. 1,500. 00 p. m. until further orders. This interim order continues to be in force.

(3.) LEARNED Counsel for the revision petitioner referred me to alarge number of decisions. They indicate under what circumstances interim maintenance can be ordered to be paid and the factors to be taken into consideration in quantifying the maintenance. This case is governed by the provisions of Section 18 of the Hindu Adoptions and Maintenance Act, 1956, (for short the Act ). According to Sub-section (1 ). a Hindu wife is entitled to maintenance during her lifetime. Subsection (2) enumerates the conditions subject to which a Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance. One of the conditions is where the husband is guilty of desertion. Section 23 of the Act deals with quantification of maintenance. The quantification shall be in the disecretion of the Court. Sub-section (2) requires the Court to have regard to various circumstances referred to therein in the process of quantification. They are :