The court clarified that remarriage by the recipient of maintenance does not automatically absolve the paying party of their obligation, as the court has the discretion to vary or modify maintenance orders under Section 25(3) of the Hindu Marriage Act, 1955.

HEMANT KUMAR SRIVASTAVA, J.

1. Both the above stated miscellaneous appeals have arisen out of common judgment dated 12.8.2004 passed by Principal Judge, Family Court, Patna in Misc. Case No. 9 of 1994 and Misc. Case No. 10 of 1994 by which and whereunder Misc. Case No. 9 of 1994 filed by the respondent- Sujata Devi was allowed and her maintenance allowance was enhanced from Rs. 700/- to Rs. 1000/- per month from the date of above stated judgment and maintenance allowance granted to the son of the respondent- Sujata Devi was stopped as he had already attained the age of majority whereas Misc. Case No. 10 of 1994 filed by the appellant was dismissed on contest.

2. We have already heard learned counsels for the parties on the points of admission and limitation petition i.e. LA. No. 725 of 2007 and in our opinion both the above stated miscellaneous appeals and I.A. No. 725 of 2007 may be disposed of at admission stage itself. Since both the above stated miscellaneous appeals have been preferred against the common judgment dated 12. 8.2004, the said miscellaneous appeals are being disposed of by this common order.

3. Though, there is delay in filing of above stated Miscellaneous Appeals but admittedly, earlier appellant -husband had filed Miscellaneous Appeal No. 364 of 2004 and Miscellaneous Appeal No. 365 of 2004 against the impugned judgment dated 12.8.2004 but subsequently, he was permitted to withdraw those appeals by this court vide order dated 10.1.2007 and, thereafter, he preferred First Appeals and the said appeals were converted into the instant Miscellaneous Appeals. Therefore, in view of the aforesaid facts, the delay is condoned and accordingly, the I.A. No. 725 of 2007 stands disposed of.

4. The brief facts leading to these miscellaneous appeals are that the respondent (who is hereinafter referred to as wife) filed Misc. Case No. 9 of 1994 against the appellant (who is hereinafter referred to as husband) for enhancement of maintenance amount. She pleaded in her miscellaneous case that her husband had filed divorce case bearing Matrimonial Case No. 18 of 1984 before the District Judge, Patna and the said case was decreed by the lower court but the Honble court set aside the decree and judgment of the lower court vide First Appeal No. 206 of 1987 and also pleased to allow maintenance of Rs. 500/- to her as well as Rs. 200/- to her child. Subsequently, the lower court enhanced maintenance amount to the tune of Rs. 700/- to her as well as to the tune of Rs. 300/- to her child vide Misc. Case No. 10 of 1991 which was disposed of on 11.10.1991. But her husband paid maintenance amount up to month of October, 1993 and thereafter stopped the payment. She filed Misc. Case No. 124(M) of 1993 before the Principal Judge, Family Court, Patna for increasing the maintenance amount but the Principal Judge, Family Court, Patna suggested and directed her to file fresh petition and thereafter she filed the above stated miscellaneous case.

5. The husband filed rejoinder to the above stated case stating therein that his wife, namely, Sujata Devi solemnized her second marriage with one Raju Sao son of Ram Lakhan Sao resident of Mohalla Mussalahpur Chai Tola P. S. Kadamkuan Dist. Patna and she has been residing with her second husband since 6.12.1993 on which date the second marriage of his wife had taken place. Furthermore, he stated in his rejoinder that he is junior lawyer practicing at Danapur civil court and he earns only Rs. 600/- to Rs. 700/- per month and as such he is not in a position to pay heavy amount of maintenance to his wife.

6. The husband filed Misc. Case No. 10 of 1994 under section 25(3) of the Hindu Marriage Act, 1955 and specifically pleaded that his wife solemnized her second marriage with above stated Raju Sao on 6.12.1993 in the temple of Bari Patan Devi and the marriage register was maintained by Mahant Vijay Shankar Giri and the marriage register was signed by his wife namely Sujata Devi alias Rani as well