SURESH TIWARI Vs. SADHNA TIWARI

JUDGEMENT

(1.) In this appeal under Sec. 19 of the Family Courts Act, 1984 the appellant-Suresh Tiwari has called in question the order passed by FAM No.91 of 2016 the Family Court, Rajnandgaon, deciding the respondents' application under Sec. 25 (2) of the Hindu Marriage Act, 1955 (for brevity 'the Act, 1955') enhancing the maintenance amount from Rs.1,000.00 to Rs.1,700.00 per month for respondent No.1- Sadhna Tiwari and from Rs.250.00 to Rs.750.00 per month in respect of respondent No.2-Shaifali @ Pragati Tiwari.

(2.) There is no dispute between the appellant and the respondent No.1 that their marriage solemnised in the year 1991 has been dissolved by compromise entered before the Lok Adalat on 3/3/2002. While passing the compromise decree, the appellant agreed to pay Rs.1,000.00 per month to respondent No.1 and Rs.250.00 per month to each of their children namely; Sourabh and Shaifali (Manisha) till they attain the age of majority. The appellant also agreed to make fixed deposit of Rs.50,000.00 in the name of his daughter Shaifali (Manisha) for the expenditure in her marriage. The respondent No.1 agreed to withdraw the proceedings under Sec. 125 of the Cr.P.C. and shall facilitate closure of the criminal case for offence under Sec. 498-A of the IPC.

(3.) When the matter stood compromise in the above stated terms on 3/3/2002 the respondents preferred the subject application under Sec. 25(2) of the Act, 1955 seeking enhancement of the amount of maintenance and the same has been allowed by the Family Court.