Hindu Adoption and Maintenance Act, 1956 – s.18 – Maintenance – Enhancement – Parties having three children were residing separately – Respondent-husband was residing with the two major children and the appellant-wife was residing with the minor child – Ex-parte decree of divorce was passed in favour of the Respondent whereafter he re-married – In the interregnum, the Appellant sought maintenance u/ss.18, 20, application was allowed by the Family Court – Later, ex-parte order decreeing the divorce in favour of the Respondent was set aside; and the application u/s.13, Hindu Marriage Act filed by the Respondent was restored – Cross-appeal(s) filed against the Order of the Family Court – Maintenance granted was enhanced by High Court – Appellant sought further enhancement contending that the Respondents’ salary had increased significantly, relying upon an RTI application filed with BSNL revealing that the Respondent was last drawing a salary of Rs.1,05,871/- per month serving as Assistant Manager, BSNL – Respondent submitted that he has since attained the age of superannuation and no longer receives the said salary and is only drawing pension from BSNL:
Held: In view of the position of the parties and the totality of circumstances, the monthly maintenance payable u/s.18 enhanced from Rs. 10,000/- per month to Rs. 20,000/- per month from the date of the pronouncement of the present Order – Furthermore, the arrears payable in respect of the maintenance due to the Appellant be payable in equal instalments by the Respondent in addition to the regular maintenance as quantified – Directions issued to the Family Court. [Paras 11-13]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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