A wife is not entitled to enhancement of permanent alimony where she has already received a substantial amount in full and final settlement of all claims arising out of the dissolved marriage.

G.R.Majithia, J.

1. Smt. Mohini Mandal divorced wife of Kiran Mandal has moved this application under Section 25(2) of the Hindu Marriage Act, 1955 (for short, the Act) for modification of the judgment dated March 10, 1989 passed in L.P.A. No. 865 of 1985.

2. The facts :

The marriage of Kiran Mandal with Smt. Mohini Mandal (hereinafter the applicant) was dissolved by a decree of divorce by the matrimonial Court. The judgment rendered by the matrimonial Court was reversed in appeal by a learned Single Judge of this Court. The judgment rendered by the learned Single Judge was challenged by the Husband in L.P.A. No. 856 of 1985 and the same was allowed. The judgment rendered by the learned Single Judge was set aside and that of the Matrimonial Court was affirmed. The Letters Patent Bench also allowed permanent alimony to Smt. Mohini Mandal observing thus : "In the circumstances, we are left with no option but to grant the petition of the husband for divorce. The judgment of the learned single Judge is set aside and that of the trial Judge is restored. However, before we part with the judgment, we want to make a provision for permanent alimony for the wife. In fact the husband agreed to provide alimony during her life time. Accordingly she will be entitled to alimony till her life time irrespective of the fact that remarries after their marriage has been dissolved by a decree of divorce. The husband is directed to disposit a sum of Rs. 1,20,000/- in the State Bank of Patiala, High Court Branch, Chandigarh, within two months from today in the name of the respondent. The deposit will be made in the faxed deposit initially for thirty years or till the life time of the wife, whichever is later. This amount will yield a monthly interest of Rs. 1000/- which will be paid to her. If the rate of interest is revised by the Reserve Bank of India and it exceeds Rs. 1000/- per month, the same will be paid to her. On the expiry of the above period if the wife is alive, the amount will remain for twenty years more on the same terms and conditions. The wife will not be entitled to withdraw the amount or any part thereof. On her death, the principal amount will develop upon the two children or their heirs in equal shares. There will be no order as to costs.

3. The applicant unsuccessfully challenged the judgment of the Letters Patent Bench in Special Leave to Appeal (Civil) No. 9062 of 1983 in the Apex Court and the same was disposed of by order dated October 3, 1989, observing thus:

"The Special leave petition is dismissed."

4. The applicant moved a petition before the Deputy Commissioner of Police/Crime (Women Cell), South Moti Bagh, New Delhi dated November 11, 1991 for the return of Istridban, dowry etc. Sh. Kiran Mandal was summoned by the Deputy Commissioner of Police/Crime (Women Branch). He appeared before her on various dates and ultimately a compromise was arrived at through the intervention of the Deputy Commissioner of Police/Crime (Women Cell) and Shri Kiran Mandal paid a sum of Rs. 2,00,000/- in satisfaction of the applicants claim whatsoever arising out of the marriage, which stood dissolve under the decree of this Court, viz. dowry articles, Istridhan, etc.

5. The applicant has now moved this application for enhancing the amount of permanent alimony.

6. In response to the notice of motion issued by this Court, a writ reply has been filed by Sh. Kiran Maudal inter alia, pleading that Smt. Mohini filed false complaint with the Deputy Commissioner of Police/Crime (Women Cell) South Moti Bagh, New Delhi on the ground of non-payment of maintenance, non-return of dowry articles and Istridhan, etc. Sh. Kiran Mandal in other to end the dispute agreed to pay a sum of Rs. 2,00,000/-in two instalments to Smt. Mohini in full and final settlement of her claim arising out of her dissolved marriage, including Istridhan, permanent alimony, dowry articles, etc. In the sworn affidavit dated March 18, 1992 filed by her before the Deputy Commi