Vidya Devi @ Vidya Raman vs Shri Kishore Raman and Others

Gurusharan Sharma, J.—Heard the parties. This application has been filed u/s 25(2) of the Hindu Marriage Act, 1955 for enhancement of maintenance amount fixed by trial court u/s 25(1) of the Act at the time of passing the impugned decree for divorce. Trial court directed husband to pay Rs. 1000/- as monthly maintenance for minor son. Same amount of maintenance (Rs. 1000/- per month) for wife, which was fixed u/s 24 earlier on 29.6.1996 was directed to continue to be paid to her. Taking husband''s net monthly salary at Rs. 5591.66 paise, at the relevant time, trial court had fixed a sum of Rs. 1000/- to be paid as maintenance to wife u/s 24. Since present appeal has been filed against the said divorce decree, application is maintainable. The appellate court u/s 25(2) may vary, modify or rescind the order passed u/s 25(1), on being satisfied that there was a change in the circumstances of either party at any time after order u/s 25(1) was passed.

It is true that on 25.9.1988 when decree for divorce was passed, husband was getting the same amount of net monthly salary which he is getting at present (Rs. 10,064.29 paise) and there has been no enhancement in his salary, but I find that on 25.9.1998, while passing order u/s 25(1), the trial court did not take into account the amount of salary which the husband was receiving then, rather simply directed him to go on paying maintenance amount at the rate fixed u/s 24 earlier on 29.6.1996, when husband''s net monthly salary was only Rs. 5599.66 paise.

In my view, while getting maintenance criteria is not the bare maintenance of wife and child, but the criteria is that wife and child must be in a position to maintain themselves as per status, economical as well as social of the husband or the father. Subsequent improvement in a financial condition of husband after original fixation of maintenance allowance and other attendant circumstances, such as increase or hike in prices of essential commodities and the status of parties in the present case are relevant to be taken into consideration.

In my view, in the facts and circumstances of the case, monthly maintenance amount of wife is required to be enhanced. I, therefore, enhance amount of maintenance of wife (appellant herein) from Rs. 1000/- to Rs. 2000/- from October 1999 onward. Monthly maintenance amount of child is not touched. A prayer has also been made for granting litigation cost for this appeal. Accordingly a sum of Rs. 5000/- is directed to be paid by Respondent no. 1 to the appellant by way of cost of litigation in this appeal, which must be paid within six months.