BELA Vs. SHANTANU KUMAR

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of learned ADJ whereby an application of the petitioner for enhancement of maintenance fixed under section 24 of Hindu Marriage Act was dismissed.

(2.) THE petitioner's contention before the trial Court was that respondent had monthly income of Rs. 50,000/- as he was an industrialist and he has rental income of Rs. 20,000/- per month. He was a man of means. The respondent has stated in response that he was paying the existing maintenance of rs. 3,000/- per month also with great difficulty because he had suffered recurring losses year after year due to failure of business. Only an agricultural land measuring 5. 270 hectares exists at village Atta, District moradabad, U. P. in the name of all the three brothers in which he has 1/3rd share. He filed copy of the returns for 1998-99 to 2005-06 and also a certificate from General Manager, District Industry, Moradabad showing that the industry which was earlier owned by the petitioner was lying closed. Petitioner also produced copies of his medical bills of Escort Hospital that he was suffering from heart ailment. He was elected as Honorary Secretary of S. M. College, Chandausi and this post carried no salary or profit as it was only a honorary post. The trial Court has found that there was no justification for enhancement of maintenance already fixed.

(3.) IT is an undisputed fact that initially the maintenance was fixed for wife and child. The child attained the majority about a year ago. There has been no other changes in the circumstances.