Maintenance obligations must be adjusted based on changes in circumstances, such as health status affecting the ability to work.

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This application is filed by the applicant-wife praying, inter alia, for maintenance amount of Rs.25,000/- and also praying for reimbursement of education expenditure of their daughter and further pray of clearing the arrears for the amount not paid till date.

2. This application is made in the First Appeal, which is preferred by the respondent-husband against the judgment and order 30.09.2019 in Family Suit No.434 of 2016 by the Family Court, Vadodara. By the impugned judgment, the family suit of the plaintiff-husband was allowed and the challenge is to the operative order clause- 3 which provides for maintenance for the then minor daughter to the tune of Rs.25,000/-. The wife has also filed First Appeal No.1310 of 2022 challenging the order in the Family Suit dissolving the marriage and also not provided for any maintenance to the wife. The present application is filed in view of the changed circumstances, wherein the learned advocate for the applicant-wife has submitted that previously the impugned order did not make any provision for maintenance to the wife as the wife was employed with Sardar Vallabhbhai Global University. However, in July 2024 on account of the ill-health/ill condition of the wife, she was not able to continue with her employment and had therefore, to resign from her job. At the same time, the minor had also attained majority and is presently studying in B.D.S. Course for which till date the applicant- wife was making the payment of the fees however, after her resignation, she is unable to pay fees of the daughter, which is to the tune of Rs.2 Lacs, if not paid, immediately she will not be able to pursue her education any further.

According to the applicant, the tuition fees and other education related expenses like boarding and lodging comes to Rs.6 Lacs per annum. However, urgent situation is created as the fees for the academic year 2025-2026, if not paid forthwith, will have effect on an ongoing education of her daughter.

3. Learned advocate has lastly submitted that the respondent-husband is paying an amount of Rs.12,000/- only on the ground of purported settlement arrived at between the parties however, as the settlement was only for the purpose of an application for maintenance filed by the daughter and the claim for maintenance otherwise would still be there. It is submitted that the applicant-wife is maintaining the daughter with her.

4. As against this, learned advocate for the respondent has objected to the grant of application by submitting that at present there is no outstanding and whatever outstanding was there was immediately paid by NEFT on 15.07.2025 by transferring an amount of Rs.48,000/-. It is submitted that an amount of Rs.12,000/- per month as per the order passed by this Court dated 31.03.2022 is being paid regularly and beyond this it will not be within the financial capability of the applicant to pay further amount. It is submitted that it was a clear settlement in an application for maintenance filed on behalf of the daughter, where an agreed amount of Rs.12,000/- was arrived at towards the maintenance of daughter and therefore, the respondent-husband cannot be saddled with any further amount of the maintenance. Lastly, it is submitted that for the purpose of education of the daughter, the respondent-husband has expressed his willingness to deposit fees of Rs.2 Lacs before 30.07.2025 and she directly pay to the concerned college of the daughter.

5. Heard learned advocates for the parties and perused the documents placed on record. The First Appeals filed by the applicant-wife as well as respondent-husba