IMPORTANT POINT
Maintenance – Court has discretion to increase maintenance based on substantial change in circumstances.

JUDGMENT

By The Bench:—The present appeal arises out of the judgment dated 21.02.2024 passed by the learned Judge, Family Court, Rourkela, in Civil Proceeding No. 132 of 2021, whereby the maintenance payable to the respondent-wife was enhanced from Rs. 1,500 per month to Rs. 10,000 per month. The Appellant-Husband has challenged this order on the ground that the enhancement was beyond the relief sought by the Respondent and that, the Family Court failed to properly assess his financial liabilities.

2. The Respondent-Wife, aged 63 years, is an elderly woman with no independent source of income. She is entitled to limited government benefits, including Rs. 500 per month under a government scheme and 5 kg of free rice, which she has been admittedly receiving. However, these benefits are insufficient to meet her daily living and medical expenses. Given her advanced age, she requires regular medical care and incurs additional household expenses.

3. Section 25(2) of the Hindu Marriage Act, 1955, reads as follows –

“(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.”

Under this section, the Court has the power to vary, modify, or rescind maintenance orders if there is material change in circumstances of either party. The phrase “at the instance of either party” mandates that a formal application must be made, and judicial discretion must be exercised within the framework of the claim and evidence provided. Similarly, Section 127 of the Criminal Procedure Code, 1973, permits alteration of maintenance based on changes in financial circumstances. Section 127 CrPC reinforces this position in the context of orders of maintenance under Section 125 CrPC, stating that “on proof of a change in the circumstances of any person receiving maintenance, the Magistrate may make such alteration, increase or decrease in the allowance as he thinks fit.” It is well established that Courts can modify maintenance upon proof of material change in circumstances. While Courts have the power to modify maintenance based on changed circumstances, this power is not suo motu and must be exercised only on the application of either party.

4. The Punjab and Haryana High Court, while deciding the issue of awarding maintenance exceeding the claimed amount, in the matter of Kamaldeep Kaur and Anr. vs. Balwinder Singh, 2005 SCC OnLine P&H 417, has held that –

“21. Now the question which requires determination is whether the Magistrate is competent to award the maintenance more than the amount claimed by the applicant in his maintenance application. Section 125 Cr. P.C. provides that a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct (emphasis supplied). Under this provision, it is the duty of the Magistrate to provide just maintenance to the deserted wife or destitute child. The amount of maintenance should be such that a wife is able to maintain herself decently and with dignity. If after considering the material placed before the Magistrate, the Magistrate thinks that a particular amount is a reasonable amount, he is required to award the said amount as maintenance, and in my opinion, he cannot refuse to grant the said amount merely because the claimant has not claimed such an amount in her application. Once the legislation has cast duty on the Court to award just and reasonable amount of maintenance in the facts and circumstances of a case, the same cannot be denied on mere technicalities i.e. the claimants had not claimed the said amount in their application. Though the words “j