VOJJALA JAYAMMA Vs. VOJJALA PULLAIAH

JUDGEMENT

(1.) Petitioner-wife instituted O.S.No.47 of 2004 on the file of the Court of the Junior Civil Judge, Manthani, against respondent husband seeking maintenance. In the said suit, she filed I.A.No.13 of 2005, under Order VI, Rule 17 of the Code of Civil Procedure, 1908 (for short, the Code') and as the said petition was dismissed by the trial Court by order dated 04.02.2005, she approached this Court and filed this revision.

(2.) Brief facts are that petitioner is the legally wedded wife of respondent-husband. As her husband deserted her, she instituted suit, O.S.No.2 of 1983, on the file of the Court of the District Munsif, Manthani against her husband and the said suit was decreed awarding maintenance at the rate of Rs.350/- per month. As the said decree was in 1993 and the amount of Rs.350/- awarded towards maintenance is very meagre in the present day of living, and in view of the changed circumstances, as the said amount is not sufficient, she approached the Court below and filed the suit, O.S.No.47 of 2004, seeking maintenance at the rate of Rs.3,000/- per month. It appears, during the course of drafting the plaint by learned counsel appearing for petitioner before the Court below or because of the wrong instructions given by her, instead of mentioning the said amount of Rs.3,000/- claimed by her towards enhancement of maintenance, it is drafted as towards maintenance and thus it necessitated her to file the present application seeking amendment of the plaint from "maintenance" to "enhancement of maintenance". The said petition was dismissed and hence, this revision.

(3.) Having heard both the learned Counsel, this Court is of the view that the Court below is not justified in rejecting the said amendment. Section 25 of the Hindu Marriage Act, 1955 (for short, 'the Act') deals with permanent alimony and maintenance and according to the said provision of law, any Court exercising jurisdiction under the Act may at the time of passing of any decree or at any time subsequent thereto may award maintenance. Similarly under sub-section (2) of Section 25 of the Act, if the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub- section (1) of Section 25 of the Act, may at the instance of either party vary, modify or rescind any such order in such a manner as the Court may deem just.