PADMJA SHARMA Vs. RATAN LAL SHARMA

JUDGEMENT

(1.) Appellant, the wife, whose marriage with the respondent has since been dissolved by decree of divorce on the ground of cruelty on the petition filed by her, has filed this appeal not only seeking enhanced maintenance for two minor children of the marriage but also for claiming the same from the date of application filed under Section 261 of the Hindu Marriage Act, 1955 (for short the 'Act') in the Family Court, Jaipur Appellant is also aggrieved by the order of the Courts below not granting her full claim of 'streedhan', litigation expenses, etc.

(2.) Both the parties are Hindu. Their marriage was solemnized in accordance with Hindu rites on May 2, 1983. First child, a son, was born on January 27, 1984 and the second child, also a son, was born on June 28, 1985. Wife filed petition for dissolution of marriage on May 21, 1990. She also prayed therein for return of her 'streedhan,' custody and guardianship of the children and also for their maintenance. At the same time she also filed an application under Section 125 of Code of Criminal Procedure (Code).

(3.) On August 2, 1991 wife filed a petition under Section 26 of the Act in the Family Court claiming maintenance @ Rs. 2575/- per month for both the children. In the affidavit supporting the application, however, maintenance was claimed @ Rs. 2,500/- per month for both the children. It was pointed out that husband was getting a salary of Rs. 6233.40 per month. Wife also claimed a sum of Rs. 1,585/- as admission fee in schools for the children and Rs. 5,000/- as litigation expenses.