IMPORTANT POINTS
1. If circumstances have changed for enhancement of maintenance appellant can approach the Family Court again as an order under Section 26 of the Act is never final and decree passed thereunder is always subject to modification.
2. Under Section 26 of the Hindu Marriage Act it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.

Headnote:(i) Hindu Marriage Act, 1955-Section 26-Maintenance to minor children-Quantum of-Duty of husband and wife to contribute-Wife seeking dissolution of marriage and maintenance at rate of Rs. 3500 per child per month-Subsequent application claiming enhanced maintenance at Rs. 2000 per child-Family Court granting divorce and ordering maintenance at Rs. 500 per child per month apart from Rs. 250 per child per month fixed under Section 125 Cr.P.C.-High Court enhancing maintenance under Section 26 Hindu Marriage Act to 1000 per child-Appeal to Supreme Court by wife claiming Rs. 3500 per child-Husband RBI employee-Wife a lecturer-Both are obliged to maintain child-Rs. 3000 fixed per child-Husband ordered to contribute Rs. 2000 per child per month apart from Rs. 250 fixed under Section 125 Cr.P.C.
       Section 20 provides for maintenance of children and aged parents. Under this Section a Hindu is bound, during his or her life time, to maintain his or her children. A minor child so long as he is minor can claim maintenance from his or her father or mother. Section 20 is, therefore, to be constrasted with Section 18. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor. (Para 10)
       In the present case both the parents ae employed. If we refer to the first application filed under Section 26 of the Act by the wife she mentions that she is getting a salary of Rs. 3,100/- per month and husband is getting a salary of Rs. 5,850/- per month. She is, therefore, also obliged to contribute in the maintenance of the children. Salaries of both the parents have since increased with the course of time. We believe that in the same proportion, may be perhaps in the case of an employee of Reserve Bank of India at somewhat higher rate. If we take approximate salary of husband is twice as much as that of the wife, they are bound to contribute for maintenance of their children in that proportion. Family Court has already fixed a sum of Rs. 250/- per month for each of the child under Section 125 of the Code. That amount we need not touch. Considering the overall picture in the present case we are of the view that a sum of Rs. 3,000/- per month for each of the child would be sufficient to maintain him, which shall be borne by both the parents in the proportion of 2 : 1. We, therefore, direct that respondent shall pay a sum of Rs. 2,000/- per month for each of the two children aforementioned from October 4, 1997, the date of the order of the Family Court. For the earlier period respondent shall pay Rs. 500/- per month for each of the child from the date of the application, i.e., August 2, 1991 and @ Rs. 1,000/- per month from the date of the second application, which is October 27, 1995 and @ Rs. 1,500/- per month from the date of the third application, which is August 26, 1997. These amounts shall be apart from the amount which the respondent has already been paying to the children @ Rs. 250/- per month under Section 125 of the Code. (Paras 11 and 12)
       (ii) Hindu Marriage Act, 1957-Section 26-Maintenance-Quantum of-Appeal to Supreme Court against -Fresh material after filing appeal brought on record-Enhanced compensation on basis of fresh material on changed circumstances claimed-Held if circumstances changed for enhancement of maintenance proper remedy is to approach Family Court which granted maintenance-Order under Section 26 is never final-Parties can approach Court to modify order.
       Held : If circumstances have changed for enhancement of maintenance appellant can approach the Family Court again as an order under Section 26 of the Act is never final and decree passed thereunder is always subject to modification. (Para 9)

JUDGMENT

D.P. Wadhwa, J.-Appellant, the wife, whose marriage with the respondent has since been dissolved by decree of divorce on the ground of cruelty on the petition filed by her, has filed this appeal not only seeking enhanced maintenance for two minor children of the marriage but also for claiming the same from the date of application filed under Section 261 of the Hindu Marriage Act, 1955 (for short the Act ) in the Family Court, Jaipur. Appellant is also aggrieved by the order of the courts below not granting her full claim of streedhan , litigation expenses, etc.

2. Both the parties are Hindu. Their marriage was solemnized in accordance with Hindu rites on May 2, 1983. First child, a son, was born on January 27, 1984 and the second child, also a son, was born on June 28, 1985. Wife filed petition for dissolution of marriage on May 21, 1990. She also prayed therein for return of her streedhan , custody and guardianship of the children and also for their maintenance. At the same time she also filed an application under Section 125 of Code of Criminal Procedure (Code).

3. On August, 2, 1991, wife filed a petition under Section 26 of the Act in the Family Court claiming maintenance @ Rs. 2575/- per month for both the children. In the affidavit supporting the application, however, maintenance was claimed @ Rs. 2,500/- per month for both the children. It was pointed out that husband was getting a salary of Rs. 6233.40 per month. Wife also claimed a sum of Rs. 1,585/- as admission fee in schools for the children and Rs. 5,000/- as litigation expenses.

4. Family Court by order dated April 7, 1992 granted maintenance under Section 125 of the Code @ Rs. 250/- per month for each child. On April 30, 1992 Family Court awarded a further sum of Rs. 250/- per month for each child as interim maintenance under Section 26 of the Act. Family Court also framed issues relating to the custody, guardianship and maintenance of the minor children and also regarding streedhan .

5. On October 27, 1995 wife filed another application under Section 26 of the Act wherein she drew the attention of the court to her earlier application filed on August 2, 1991. Now she claimed Rs. 2000/- per month for each child. She said salary of the husband had since been increased to Rs. 12,225/- in August, 1995. On August 26, 1997 yet another application was filed by wife under Section 26 of the Act. Now she wanted maintenance for the elder child @ Rs. 3,500/- per month and for the younger child @ Rs. 3,000/- per month. It was pointed out that the salary of the husband was Rs. 13,683/- per month and thereafter from August, 1997 it was going to be increased to Rs. 14,550/- per month.

6. Family Court by order dated September 13, 1997 consolidated both the proceedings -one under Section 13 of the Act for dissolution of the marriage and the other under Section 26 of the Act. On October 4, 1997 Family Court granted decree of divorce in favour of the wife dissolving the marriage between her and the respondent. Against claim of Rs. 1,80,000/- towards streedhan Family Court granted a decree of Rs. 1,00,000/- as cost of the articles which prayer was granted in the alternative if the respondent did not return the articles mentioned by wife in her petition. It was also ordered that both the children, till they attain majority, should be in the custody of the mother, the appellant, and maintenance for each of the child was awarded @ Rs.500/- per month from October 4, 1997. A sum of Rs. 1,000/- was awarded as cost of the litigation to the wife:

7. Wife took the matter of the High Court seeking enhanced amount of maintenance of the children and decree for the full amount of Rs. 1,80,000/-. High Court, by its impugned judgment, enhanced maintenance of the children from R. 500/- per month to Rs. 1,000/- per month effective from the date of the order of the Family Court dated October 4, 1997 and awarded Rs. 500/- per month for each child from the date of the application. High Court ob

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