BINDA PRASAD SINGH Vs. MUNDRIKA DEVI

JUDGEMENT

(1.) On the 21st of June, 1952 opposite party No. 1 who is the wife of the petitioner obtained a decree for maintenance against the latter in the court of the Subordinate Judge at Motihari in title suit No. 98 of 1951 The suit was decreed for arrears of maintenance and future maintenance at the rate of Rs. 100 per month and for a sum of Rs. 5,000/- for a separate residence for the opposite party. There were no words in the said decree directing that in future the decree could be amended or modified on a proper application being made by any party to it either in regard to the amount of maintenance or in respect of the amount granted to the decree holder for a separate residence.

(2.) Opposite party No. 1 filed an application in the court of the subordinate Judge at Motihari on the 1st of February, 1968 labelling it as one under Sections 47 and 151 of the Code of Civil Procedure and Section 25 of the Hindu Adoptions and Maintenance Act, 1956 (Central Act, 78 of 1958) hereinafter called the Act for amending the decree aforesaid by enhancing with effect from January, 1963 the amount of monthly maintenance from Rs. 100/- to Rs. 500/- and for making another grant of Rs. 3,000/- for the repair of her separate residential house.

(3.) The petitioner took an objection in the court below that the application was not maintainable as the decree could not be amended by a mere application; the remedy of the opposite party who was the applicant in the court below was to file a separate suit for altering the amount of maintenance or for grant of another sum for the alleged repair of the house The learned Subordinate Judge, by his order dated 26-5-66, has refused to decide this question as a preliminary issue while tentatively expressing the opinion that in view of the provision contained in Section 25 of the Act the decree for maintenance can be amended on a mere application by a party to the decree The petitioner has come up in revision.