IMPORTANT POINT
Maintenance – Retirement from service is no ground to deny adequate maintenance to estranged wife.

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 (two) of his major children, namely (i) Abhishek; and (ii) Aashish. Accordingly, the Respondent left the Appellant and Nikki i.e. a minor, to fend for themselves.

5. In the aforesaid circumstances, the Respondent filed an application under Section 13 of the Hindu Marriage Act, 1955 (the “HMA”) seeking dissolution of the marriage between the parties. Vide an order dated 31.05.2005, an ex-parte decree came to be passed in favour of the Respondent. Thereafter, the Respondent married another lady on 20.07.2007.

6. In the interregnum, the Appellant preferred an application before the Family Court, Jaipur seeking maintenance under Section 18 and Section 20 of the Act. Vide an order dated 15.04.2009, the Family Court, Jaipur allowed the Appellants’ application, and accordingly granted maintenance as follows:

(i) Appellant: Rs. 3,000/- (Rupees Three Thousand) per month w.e.f. from 15.04.2009.

(ii) Nikki: Rs. 5,000/- (Rupees Five Thousand) per month w.e.f. from 15.04.2009 until Nikki attained the age of majority.

(iii) Litigation Cost: Rs. 2,000/- (Rupees Two Thousand)

(hereinafter referred to as the “Underlying Order”)

7. Subsequently, an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (the “CPC”) came to be preferred by the Appellant. Vide an order dated 09.09.2011, in the aforesaid application, the ex-parte order decreeing the divorce in favour of the Respondent came to be set aside; and accordingly, the application under Section 13 of the HMA preferred by the Respondent was restored.

8. The parties preferred cross-appeals against the Underlying Order of the Family Court, Jaipur which came to be disposed of by the High Court vide the Impugned Order. In the present appeal, the Appellant has drawn the attention of this Court to the considerable salary that the Respondent was drawing from Bharat Sanchar Nigam Limited (“BSNL”), whilst dragging his feet in relation to his obligations qua maintenance under the Impugned Order.

9. The Learned Counsel appearing on behalf of the Appellant has submitted that the Respondents’ salary has increased significantly. In this regard he has relied upon a Right to Information (“RTI”) application filed with BSNL, whereunder it is revealed that the Respondent was last drawing a handsome salary of Rs. 1,05,871/- (Rupees One Lakh Five Thousand Eight Hundred and Seventy- One) per month whilst serving as Assistant Manager, BSNL. Accordingly, it is prayed that the maintenance awarded by the High Court ought to be enhanced further. Pertinently, it was also brought to the attention of this Court that the arrears of maintenance have not been paid to the Appellant despite a categorical direction from the High Court to clear the arrears of maintenance within 1 (one) year from date of the Impugned Order i.e. on or before 11.11