GURNAM SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 19.04.2011 passed by learned Civil Judge (Sr. Divn.), Faridkot whereby application under Section 25 of the Hindu Adoptions and Maintenance Act, 1956 (for brevity, 'the 1956 Act') for enhancement of maintenance amount filed by the respondent-wife has been accepted.

(2.) In brief, the facts of the present petition are to the effect that the respondent-wife filed suit No.311 of 17.11.1998/10.07.2004 in forma pauper as an indigent person for fixation of maintenance amount @ Rs.3,000/- per month from the petitioner-husband and the then Civil Judge (Sr. Divn.), Faridkot, vide order/award and decree dated 02.08.2005, as per the terms of compromise effected between the parties, allowed maintenance to the respondent-wife to the tune of Rs.3,000/- per month from the petitioner-husband. Thereafter, marriage between the parties was dissolved by way of decree of divorce dated 20.08.2005 under Section 13-B of the Hindu Marriage Act, 1955 (for brevity, 'the 1955 Act'). After a gap of about three years from passing decree of divorce, the respondent-wife filed an application dated 22.05.2008 in the above referred civil suit for enhancement of maintenance from Rs.3,000/- to Rs.8,000/- per month. It was averred in the application that the abovesaid maintenance was granted in August, 2005 and thereafter prices of daily necessities have gone high; the respondent-wife has become old; is not in a position to work effectively and has also to incur expenses on purchase of medicines etc. To the said application, the petitionerhusband filed reply taking various objections including that it is not maintainable after the dissolution of marriage and only a suit can be filed for enhancement of maintenance under the provisions of the 1956 Act. Vide impugned order dated 19.04.2011, learned Civil Judge (Sr. Divn.), Faridkot after considering the material and evidence available on file allowed the application and enhanced maintenance from Rs.3,000/- to Rs.5,000/- per month from the date of filing the application. Hence, this civil revision.

(3.) I have heard learned counsel for the parties and perused the record.