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Civil · Reportable judgment

Yagwati @ Poonam vs Ghanshyam

Court
Supreme Court of India
Date
29 January 2024
Case No.
Civil Appeal Nos.1318-1319 of 2024
Bench
Vikram Nath
Citation
[2024] 1 S.C.R. 1100 : 2024 INSC 1100
Acts & Sections
Hindu Adoption and Maintenance Act, 1956 Hindu Marriage Act, 1955 CPC
Supreme Court Reports [2024] 1 S.C.R. 1100 : 2024 INSC 1100
Issue for consideration
Maintenance granted to the appellant by the Family Court, enhanced by High Court. If to be enhanced further.
Headnote

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]

Keywords: Maintenance · Monthly maintenance · Maintenance enhancement · Family Court

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.

Full Judgment Text

Order Satish Chandra Sharma, J. 1. Leave granted. 2. The present appeal(s) culminate out of a common order dated 11.11.2016 whereunder the High Court of Rajasthan (the “High Court”) enhanced the award of maintenance granted to the Appellant by the Family Court at Jaipur under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (the “Act”) from Rs.3,000/- (Rupees Three Thousand) per month to (i) Rs.6,000/- (Rupees Six Thousand) from the date of filing the application before the High Court i.e., 16.05.2009 up until 31.12.2005; and (ii) Rs.10,000/- (Rupees Ten Thousand) per month from 0
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