Subsequent developments and maintenance awarded in previously instituted proceedings should be considered in determining the maintenance payable to the claimant.

ORDER

Pushpav. Ganediwala, J. - This is an application by the appellant/wife seeking modification of the order dated 07/07/2015 passed in Family Court Appeal No. 88/2014.Before adverting to decide this application, the brief facts with regard to various orders for maintenance in various proceedings passed by the Courts need to be noted.

2. The marriage of the appellant/wife with the respondent/husband was solemnized on 17/05/1997, and out of the said wedlock, they have a son, viz., Kartik, born on 11/07/1999. Since November - 1998, the couple is residing separately. The custody of the child (now major) is with the appellant/wife.

3. At the time of marriage, the respondent/husband was serving as a Research Assistant in Maharashtra Institute of Labour Studies, Parel, Mumbai. Feeling aggrieved with the act of desertion by the respondent/husband, the appellant/wife filed a petition bearing No. A-69/2003 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (hereafter "Act of 1955", for short) before the Principal Judge, Family Court, Nagpur, and the same was decided in favour of the appellant/wife vide judgment dated 29/04/2008 directing the respondent/husband to resume cohabitation and to pay her the permanent alimony of Rs.3,500/- (rupees three thousand five hundred) per month and Rs.1,500/- (rupees one thousand five hundred) to the child, total Rs.5,000/- (rupees five thousand) per month from the date of judgment and decree.

4. Instead of complying with the decree of restitution of conjugal rights by the respondent/husband, he filed a petition bearing No. A-487/2009 for divorce under Section 13(1-A)(ii) of the Act of 1955, which came to be dismissed on merits. During the pendency of this petition, an application under Section 24 of the Act of 1955 filed by the appellant/wife came to be rejected on the ground that she is already getting maintenance of Rs.5,000/- (rupees five thousand) per month for herself and her minor son Kartik in Petition No. A-69/2003. In the said order, the Family Court directed that the payment of permanent alimony in Petition No. A-69/2003 shall be deemed to have been the payment made pursuant to the interim maintenance as well.

5. Thereafter, on 18/10/2013, the appellant/wife filed an application below Exh. 62 in divorce Petition No. A-487/2009 for enhancement of interim maintenance. This application came to be rejected by the Family Court, Nagpur vide order dated 26/05/2014. In Writ Petition No. 5895/2014 against the order below Exh. 62, this Court vide order dated 10/08/2015 remanded the matter for afresh consideration directing the Family Court to decide Exh. 62 in the light of the documents filed by the appellant/wife and also the order dated 07/07/2015 passed by this Court in the Family Court Appeal No. 88/2014. It was also observed by this Court that the claim of the appellant/wife for the period till 30/06/2015 is required to be considered.

6. It is pertinent to mention here that the appellant/wife challenged the decree of restitution of conjugal rights and permanent alimony before this Court to the extent of grant of permanent alimony in Family Court Appeal No. 88/2014 (Old First Appeal No. 708/2008). In this appeal, the parties entered into the terms of settlement and requested the Court to pass the decree in terms of settlement. Accordingly, this Court vide order dated 07/07/2015 disposed of Family Court Appeal No. 88/2014 in terms of settlement. It was settled between the parties that the respondent/husband will pay Rs. 10,000/- (rupees ten thousand) per month towards permanent alimony for both mother and son from 01/07/2015 and also to bear the educational expenses of the child.

7. As per directions of this Court in Writ Petition No. 5895/2014, the Family Court, Nagpur reconsidered the application below Exh. 62 and rejected the same vide order dated 12/01/2016 specifically observing that as the parties have settled the terms for grant of permanent alimony @ Rs. 10,000/-