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ARUN BHANSALI, FARJAND ALI
Seema – Appellant
Versus
Mangal Singh – Respondent
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
Section 25 of the Hindu Marriage Act, 1955 allows for the alteration of maintenance orders based on the circumstances of the parties involved.
The court can modify maintenance amounts over claimed amounts based on a proven change in circumstances.
Maintenance – Court has discretion to increase maintenance based on substantial change in circumstances.
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....
Maintenance – Retirement from service is no ground to deny adequate maintenance to estranged wife.
The jurisdiction under S.25(2) can be exercised to enhance maintenance despite initial settlement agreements when circumstances change.
A wife can seek enhancement of maintenance under Section 25(2) of the Hindu Marriage Act based on changed circumstances, despite prior agreements.
The court can make arrangements for maintenance and arrears without prejudice to the rights and contentions of the parties, and can direct the family court to expedite the adjudication of the main pe....
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