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B. P. ROUTRAY, CHITTARANJAN DASH
Nirmal Karnakar – Appellant
Versus
Parbati @ Parbati Karnakar – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. A.P. Bose, Advocate
For the Opp. Parties:Mr. Sadananda Sahoo, Advocate

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

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