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VIKRAM NATH, SATISH CHANDRA SHARMA
Yagwati @ Poonam – Appellant
Versus
Ghanshyam – Respondent
ORDER :
1. Leave granted.
2. The present appeals 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 01.01.2006 onwards (the “Impugned Order”).
3. The Appellant herein seeks an enhancement of maintenance awarded by the High Court on the ground that the maintenance awarded by the High Court is inadequate and does not reflect the true financial capacity of the Respondent.
4. The marriage between the Appellant and Respondent came to be solemnized on 27.04.1982, thereafter 3 (three) children came to borne out of the wedlock i.e. (i) Abhishek; (ii) Aashish and (iii) Nikki. Subsequently in 1998, the marriage encountered complications which led to the parties residing separately. Pertinently, the Respondent chose to reside with 2 (
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The right to maintenance is a fundamental right under Article 21, taking precedence over statutory rights of creditors.
The court can modify maintenance amounts over claimed amounts based on a proven change in circumstances.
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Maintenance obligations must ensure the spouse's dignity and can only be reduced by unavoidable expenses, not voluntary debts; husband's income and financial responsibilities are critical in determin....
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