K MYLARAPPA Vs. STATE

JUDGEMENT

(1.) The defendants are the appellants. Plaintiff filed the suit in the District Munsif's Court, Kalyandurg, for enhancement of maintenance from Rs. 100/- to Rs.350/- per month. It was decreed. Questioning that judgment the defendants filed an appeal before Additional District Judge, Anantapur. The learned judge enhanced it from fs. 100/- to Rs.250/- per month. Aggrieved by his judgment, the defendants have filed this Second Appeal.

(2.) It is submitted by the learned counsel for the appellants that the District Munsiff's Court, Kalyandrug, has no jurisdiction to try the present suit, as the previous decree for maintenance in favour of the plaintiff was granted by the District Court, Anantapur, O.S. 58/1956, that granting enhancement of maintenance amounts to amendment of that decree and a Munsif Court cannot amend the decree of a District Court. To substantiate his contention he relied upon Binda Prasad Singh V.Mundrika Devi (1) AIR 1968 Patna 198, Gopala Rao V. Sithararnamma (2) AIR 1965 SC 1970 and Buchilingam V. Satyanarayana Murthy (3) AIR 1922 Madras 186.

(3.) Section 25 of the Hindu Adoptions and Maintenance Act, 1956 (here in after called the Act)provides that the amount of maintenance, whether fixed by a decree of Court or by agreement, either before or after commencement of the Act may be altered subsequently if there is a material change in the circumstances justifying such alteration. In view of this provision, the amount of maintenance fixed by a decree of a Court before er after the commencement of the Act can be altered subsequently, if there is a material change in the cricumstances justifying such alteration.