GANDHIMATHI Vs. BALASUNDHARAM

JUDGEMENT

(1.) (The matter is heard through "Video Conferencing/Hybrid Mode".) This Civil Miscellaneous Second Appeal is filed to set aside the fair and decreetal order dtd. 14/8/2015 made in C.M.A.No.2 of 2014 on the file ofthe Principal District and Sessions Court, Tiruvarur reversing the Judgment and Decree passed in H.M.O.P.No.26 of 2012 on the file of the Sub Court, Mannargudi dtd. 12/9/2013.

(2.) The appellant is wife and respondent is husband. The respondent filed H.M.O.P.No.68 of 1996 on the file of the Principal Sub Court, Nagapattinam seeking divorce against the appellant. By the exparte decree dtd. 6/2/1997, divorce was granted. Pending said H.M.O.P., the appellant filed O.S.No.45 of 1997 on the file of the Principal Sub Court, Nagapattinam seeking maintenance for herself and her son under Hindu Adoptions and Maintenance Act, 1956. In the said suit, the learned Judge granted a sum of Rs.1,000.00 per month for the appellant and Rs.500.00 to minor son towards maintenance. The respondent filed appeal in A.S.No.41 of 1999 on the file of the Principal District Court, Nagapattinam challenging the said order. The said appeal was dismissed by the learned Principal District Judge, Nagapattinam by the judgment and decree dtd. 23/9/1999. Meanwhile, H.M.0.P.N0.68 of 1996 filed by the respondent was allowed and marriage between the appellant and respondent was dissolved by the decree dtd. 6/2/1997. After order of divorce, the appellant filed suit in O.S.No.55 of2008 on the file of the Principal District Munsif Court, Thiruthuraipoondi, claiming a sum of Rs.3,000.00 each for herself and minor child towards maintenance. The said suit was dismissed in respect of maintenance for appellant and decreed granting a sum of Rs.2,500.00 per month as maintenance for minor son till he attains majority. The respondent filed appeal in A.S.No.72 of 2010 on the file of the Sub Court, Mannargudi. The appellant filed cross appeal for her maintenance. Both the appeal in A.S.No.72 of 2010 and cross appeal were dismissed on 5/1/2012. Subsequently, the appellant filed the present H.M.O.P.No.26 of 2012 under Sec. 25 (2) of the Hindu Marriage Act, claiming a sum of Rs.5,000.00 per month as maintenance i.e., Rs.4,000.00 towards additional maintenance along with Rs.1,000.00 which was already ordered. According to appellant, the respondent is working in Government School as P.G. Assistant and is earning more than Rs.30,000.00per month and due to raise in cost of living, she prayed for enhancement of maintenance.

(3.) The respondent filed counter and resisted the said H.M.O.P. The learned Judge framed point for consideration. The learned Judge considering the pleadings, point for consideration, by order dtd. 12/9/2013 allowed theH.M.O.P.No.26 of 2012 by granting a sum of Rs.2,500.00 per month towards maintenance to the appellant from the date of filing of the petition till her life time. The respondent filed C.M.A.No.2 of 2014 before the Principal District and Sessions Court, Thiruvarur, challenging the said order. The learned Principal District and Sessions Judge, Thiruvarur considering the pleadings, oral and documentary evidence and order of the learned Judge, by the judgment dtd. 14/8/2015 allowed the appeal by setting aside the order of the learned Judge dtd. 12/9/2013 made in H.M.O.P.No.26 of 2012.