SMT. SOMA DEY DUTTA Vs. SRI SANKAR DUTTA

JUDGEMENT

(1.) An interesting point was raised at the time of admitting the re-visional application at the behest of the opposite party that the Court is denuded of power to allow enhancement of alimony pendente lite after the disposal of an application under section 24 of the Hindu Marriage Act, 1955.

(2.) Admittedly, in a suit for dissolution of marriage by decree of divorce, an application was filed by the wife/petitioner under Section 24 of the said Act claiming maintenance from the husband/opposite party. The said application was disposed of and it is not in dispute that the husband could not succeed in getting the said application dismissed and therefor the order of maintenance achieved finality.

(3.) As the suit was taking longer time to dispose of, application was taken out by the wife for enhancement of the maintenance granted under Section 24 of the said Act. The Trial Court rejected the said application on two fold grounds firstly, there is no provision under Section 24 of the Act to enhance the maintenance amount and secondly, there is a direction passed by the High Court to dispose of the proceedings on expeditious basis.