MANORAMA PRASAD Vs. RABI SHANKAR PRASAD

JUDGEMENT

(1.) FAMILY Court Appeal No.142 of 1992 was disposed of by this Court along with Family Court Appeal No.141 of 1992 on 7th October 1993. Decree of divorce was granted dissolving the marriage between the parties and it appears that by way of alimony monthly maintenance of Rs.1500/- per month was directed to be paid to the appellant-wife and Rs.500/- per month for daughter-Dipti.

(2.) PRESENT civil application prays for enhancement of the maintenance under Section 25 of the Hindu Marriage Act, 1955. The enhancement sought is to the extent of Rs.5000/- per month for the appellant-wife and of Rs.3000/- per month for daughter-Dipti. During the pendency of this civil application, an interim order was made on 9th February 1995 directing respondent-husband not to take any steps towards evicting the appellant-wife and daughter from the quarter allotted to the respondent-husband by his employer M/s. Telco.

(3.) FACT remains that Family Court Appeal No.142 of 1992 along with main Family Court Appeal No.141 of 1992 were finally disposed of by this Court as elsewhere stated in this order. The enhancement of the maintenance sought, in our view, can be obviously taken up before the Family Court. An attempt is indeed made by Shri K.A.Rane suggesting that it is possible to obtain relief for enhancement of maintenance from the Appeal Court despite appeal has already been disposed of. We are however not enamoured by this submission inasmuch as remedy is available to the appellent-wife to approach the Family Court. In our opinion we should not entertain this application here. Entertaining this application would also cut down one forum for the parties which is also against the principles of law. This being so we propose not to entertain the present application.