VOORA RANGAMMA Vs. VOORA VENKATARAJALU CHETTY

JUDGEMENT

(1.) THE plaintiff is the appellant. She filed the suit for enhanced maintenance against her step-son. Plaintiff is the third wife of Voora Gurumurthi and the defendant is the son of the said Gurumurthi by his second wife. Gurumurthi died at Madras on 19-12-1930 leaving behind him hi son, the defendant and the plaintiff his widow and joint family properties consisting of a house No. 11 reddiraman St. G. T. Madras and a shop in Pycrofts Road, Triplicane, items 1 and 2 of the plaint schedule. The plaintiff and the defendant entered into a settlement deed Ex. A. 1, dated 6-1-1931. The settlement deed provided that the plaintiff in full satisfaction of her right to maintenance, residence etc. , over the joint family properties, would receive for the natural life Rs. 20 per mensem every month from february 1931 and receive two sarees of the value of Rs. 150 per annum. She was also given the option to reside in the family house or to receive a sum of Rs. 5 per mensem. The settlement further provided that the plaintiff would have no manner of right, title or interest or claim over the assets of the deceased Voora gurumurthi except the rights created by the settlement deed.

(2.) THE main contention of the defendant in the suit was that the suit is not maintainable as by the settlement deed, the plaintiff has lost all her rights for claiming any enhanced maintenance. This contention was negatived by the trial court, but was accepted by the lower appellate court and this second appeal is preferred by the plaintiff.

(3.) THE question whether a maintenance holder can claim enhanced maintenance due to changed circumstances has been considered in various decisions. It is unnecessary to go into those decisions in view of the enactment of Act 78 of 1956. Sec. 25 of the Act provides that the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this act, may be altered subsequently if there is a material change in the circumstances justifying the alternation. The section prima facie enables the wife, in spite of an agreement to claim additional maintenance by way of changed circumstances.