Meenakshi And ANR. v. Deepak Kumar









 

 





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7.

The legislative intent behind these enactments becomes quite clear when seen in light of the above discussion. The genesis of Section 125 Cr.P.C. has been well discussed and it has been reiterated numerous times by the Apex Court of the country that it strands as a measure of social justice. The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The quantum of maintenance must be justifiable and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two extremes of the maintenance being either paltry or extravagant, ensuring that neither of the two is reduced to a life of penury. The adequacy of the maintenance allowance has to be determined by the yardstick of the dependent spouse being able to lead a life of reasonable comfort.


8.

A perusal of the impugned judgment passed by learned Family Court makes it evident that the Court below has duly appreciated the material placed before it for determining the quantum of maintenance, as discussed above. Furthermore, no procedural defect is found to be made by the learned trial Court while passing the same.
9.

In the considered opinion of this Court, learned counsel for the petitioners has been unable to indicate any perversity in the impugned judgment which warrants interference by this Court. Accordingly, the present petition is dismissed being bereft of any merit.
10.

All the pending miscellaneous application(s), if any, shall also stand disposed of.




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