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A. Y. KOGJE, SAMIR J. DAVE
Minaxiben D/O Chhaganbhai Jethalal Vyas – Appellant
Versus
Shubhangbhai Bhailalbhai Pandya – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. The present appeal under Section 19 of the Family Courts Act is directed against the judgment and order dated 26.11.2018 passed Civil Misc. Application No.90 of 2010 by the Family Court No.3, Ahmedabad. The appellants before the Court is the wife and daughter of the respondent herein. It is a case where the appellant No.1 and respondent had undergone judicial separation and final decree and judgment was passed for dissolution of marriage.
2. The family suit was filed by the appellant No.1. It appears that the judgment and decree of dissolution of marriage was passed on the basis of compromise which contained a provision for maintenance of the appellant No.1-wife, daughter, appellant No.2 (now married) and the then minor son (now major). The agreement was for payment of maintenance to the tune of Rs.3,000/- per month i.e. to say Rs.1,000/- for the wife and Rs.1,000/- each for two children. This decree was drawn on 27.01.2003 and thereafter, in the year 2010, the appellants preferred Civil Misc. Application No.90 of 2010 seeking an enhancement of the maintenance by filing an application under Section 25(2) of the Hindu Marriage Act.
3. The Family Court by the
A wife can seek enhancement of maintenance under Section 25(2) of the Hindu Marriage Act based on changed circumstances, despite prior agreements.
Family and Personal Law - Permanent alimony – Enhancement of – Court find no merit in this contention as applicant is getting a monthly pension of only Rs.1000/- per month from the Government of Hima....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
(1) Enhancement of interim maintenance – Family Court does not become functus officio after withdrawal of divorce petition and it can decide applications filed under Sections 24 and 26 of HMA, 1955 e....
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
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