Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 933

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Arun Bhansali, Farjand Ali, JJ.
Seema – Appellant
Versus
Mangal Singh – Respondent
D.B. Civil Miscellaneous Appeal No. 1410 of 2022
Decided On : 01-02-2023

Advocates Appeared:
Bharat Singh Rathore, Advocate, Rakesh Arora, Advocate, Manish Rajpurohit, Advocate

Section 25 of the Hindu Marriage Act, 1955 allows for the alteration of maintenance orders based on the circumstances of the parties involved.

Headnote:
Maintenance - Hindu Marriage Act, 1955 - The court allowed the appellant's application under Section 25 of the Act and enhanced the amount of maintenance from Rs.2,000/- to Rs.3,500/-. The respondent agreed to pay maintenance at the rate of Rs.5,000/- per month from the date of application till January, 2023, and Rs.8,000/- per month from February, 2023 onwards. The arrears for the enhanced amount were to be paid within two months, and the future maintenance was to be paid by the 15th of each month into the appellant's saving bank account.
Fact of the Case:

The appellant filed an application under Section 25 of the Hindu Marriage Act, 1955 seeking enhancement of maintenance.
Finding of the Court:

The court allowed the appellant's application and modified the order of the Family Court, Sirohi, to enhance the maintenance amount. The respondent agreed to the quantum of maintenance as indicated by the appellant's counsel.
Issues: Enhancement of maintenance amount under Section 25 of the Hindu Marriage Act, 1955.
Ratio Decidendi: The court's decision was influenced by the agreement between the parties regarding the quantum of maintenance, as well as the provisions of Section 25 of the Hindu Marriage Act, 1955, which allows for the alteration of maintenance orders.
Final Decision: The appeal was disposed of in light of the submissions and agreement made by the parties. The order of the Family Court, Sirohi, was modified, and the respondent was directed to pay the enhanced maintenance as per the agreed rates and timelines.

JUDGMENT

1. This appeal has been filed for enhancement against the judgment dated 26.7.2022 passed by the Family Court, Sirohi, whereby, the application filed by the appellant under Section 25 of the Hindu Marriage Act, 1955 (’the Act’) has been allowed and the amount of maintenance has been enhanced from Rs.2,000/- to Rs.3,500/-.

2. During course of submissions, learned counsel for the respondent, on instructions, has agreed that the respondent would pay maintenance @ Rs.5,000/- per month from the date of application i.e. 8.1.2019 till January, 2023 and from February, 2023 he would pay maintenance @ Rs.8,000/- per month. He has further agreed that the amount of arrears on account of enhancement of amount of maintenance from Rs.2,000/- to Rs.5,000/- for the period 8.1.2019 till January, 2023, would be paid within a period of two months from today and that the amount of maintenance from the month of February, 2023, onwards would be paid by 15th of each month. The amount shall be deposited in the saving bank account of the appellant, details whereof are already available with the respondent/would be supplied within a period of three days by learned counsel for the appellant to learned counsel for the respondent.

3. Learned counsel for the appellant agreed to the quantum of maintenance indicated by learned counsel for the respondent qua the application, which was filed by the appellant under Section 25 of the Act.

4. In view of the above, the appeal is disposed of in light of the submissions/agreement made hereinbefore. The order dated 26.7.2022 passed by the Family Court, Sirohi, shall stand modified accordingly and the respondent would do the needful.

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