This appeal is preferred under Section 19(1) of Family Courts Act, 1984 against the order of the Family Court, Hyderabad, in O.P.No.757 of 2005, dated 12.01.2007.

2. The wife, whose application under Section 25 of the Hindu Marriage Act, 1955, for maintenance of Rs.4,000/- per month or in the alternative permanent alimony of Rs.5,00,000/- was dismissed, is the appellant. The respondent herein is the appellant's husband. For the sake of convenience, the parties shall hereinafter be referred to as the wife and husband respectively.

3. The facts, in brief, are as under :

The wife initially filed O.P.No.766 of 2003 in the Family Court, Hyderabad under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty. Though the husband contested the petition, on appreciation of the evidence adduced by both the parties, the Family Court, by order dated 6.10.2004, allowed O.P.No.766 of 2003 and dissolved the marriage by way of decree of divorce.

4. It is to be noted that prior to filing of O.P.No.766 of 2003 the wife initiated criminal proceedings against the husband for the alleged offence under Section 498-A of the Indian Penal Code as well as Sections 4 and 6 of the Dowry Prohibition Act. However, the said proceedings ended in a compromise under which the wife and husband agreed to take divorce by consent by filing a petition under Section 13-B of the Hindu Marriage Act, 1955. The husband also agreed to pay Rs.70,000/- to the wife towards the value of the gold ornaments and pasupukumkuma presented to her by her parents at the time of the marriage, apart from a further sum of Rs.30,000/- towards permanent alimony. The said settlement dated 19.2.2003 was reduced into writing.

5. Pursuant to the said Memorandum of Settlement, though a petition under Section 13-B of the Hindu Marriage Act, 1955 was filed on 16.4.2003, since the husband resiled no decree could be passed and therefore the wife was constrained to file O.P.No.766 of 2003 under Section 13 (1) (ia) of the Hindu Marriage Act seeking divorce on the ground of cruelty. As mentioned above, the said Original Petition was allowed by order dated 6-10-2004 granting a decree of divorce.

6. Pending O.P.No.766 of 2003 the wife also filed I.A.No.540 of 2003 seeking recovery of Rs.1,00,000/- agreed to be paid by the husband under the Memorandum of Settlement dated 19.2.2003 which was marked as Ex.P-5. Though the husband in his counter contended that his signatures on Ex.P-5 were obtained by coercion and threat, the Court below disbelieved the same and while granting decree of divorce allowed I.A.No.540 of 2003 by a separate order on 6.10.2004. However, having regard to the fact that pursuant to Ex.P-5 Settlement the husband had already paid Rs.35,000/- to the wife by way of demand draft, the Court below directed payment of the balance amount of Rs.65,000/- to the wife along with interest at 6% per annum from the date of the order till the date of realization within four months.

7. Subsequently, the wife filed a fresh petition i.e., O.P.No.757 of 2005 before the Family Court, Hyderabad under Section 25 of the Hindu Marriage Act, 1955 seeking maintenance at the rate of Rs.4,000/- per month or in the alternative for payment of Rs.5,00,000/- towards permanent alimony pleading that she was solely dependent on her parents after divorce and that her father had retired from the service and her mother was bedridden with paralysis and that the meager pension being received by her father was not sufficient for her survival. Thus, she prayed for enhanced maintenance in the changed circumstances.

8. The husband filed a detailed counter opposing the claim in O.P.No.757 of 2005 contending inter alia that since he had already paid Rs.65,000/- in compliance with the direction in I.A.No.540 of 2003 together with interest towards full and final settlement of her claim for permanent alimony, the petition for further maintenance was not maintainable and untenable.

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