DURGA DUTTA JHA Vs. ASHA DEVI

JUDGEMENT

(1.) Petitioner/Husband has challenged the order dated 12.08.2010 passed by Principal Judge, Madhubani in M.R. No.12 of 1988 enhancing the maintenance amount from Rs. 300/- to Rs. 7000/- per month.

(2.) It has been contended on behalf of petitioner that the order impugned is against the spirit of law and on account thereof, is fit to be set aside. It has further been submitted that Maintenance Case No. 12/88 was filed by his wife/OP, Smt. Asha Devi which was allowed vide order dated 08.03.1995 directing him to pay Rs.300/- per month in lieu of maintenance and the order was made operative from the date of filing of petition. It has further been submitted that in due course of time there was proposal on behalf of his wife to pay a lump sum so that she be able to procure interest of Rs. 500/- or 600/- per month to be sufficient for her livelihood and in exchange thereof, she also agreed to give up her claim whatever found acknowledged under Maintenance Case No. 12/88 as well as future claim. The proposal was accepted by him and a consolidated amount of Rs. 55,500/- was paid in instalments and in the aforesaid background she had sworn an affidavit to this effect.

(3.) Later on, Smt. Asha Devi developed ill design after receiving the aforesaid consolidated amount of Rs. 55,500/- and filed a petition on 03.09.2004 to enhance the quantum of maintenance from Rs. 300/- to 2500/-. However, no order was passed thereupon. Again on 05.09.2008, she had prayed for enhancement of maintenance amount from Rs. 300/- to Rs. 3000/- whereupon the learned court below enhanced the amount of Rs. 300/- to Rs. 7000/- by the order impugned which was never demanded or claimed by Smt. Asha Devi.