VIDYA DEVI ALIAS VIDYA RAMAN Vs. KISHORE RAMAN

JUDGEMENT

(1.) HEARD the parties. This application has been filed under Section 25(2) of the Hindu Marriage Act, 1955 for enhancement of maintenance amount fixed by trial court under Section 25(1) of the Act at the time of passing the impugned decree for divorce. Trial court directed husband to pay Rs. 1000/ - as monthly maintenance for minor son. Same amount of maintenance (Rs. 1000/ - per month) for wife, which was fixed under Section 24 earlier on 29.6.1996 was directed to continue to be paid to her. Taking husband's net monthly salary at Rs. 5591.66 paise, at the relevant time, trial court had fixed a sum of Rs. 1000/ - to be paid as maintenance to wife under Section 24.

(2.) SINCE present appeal has been filed against the said divorce decree, application is maintainable. The appellate court under Section 25(2) may vary, modify or rescind the order passed under Section 25(1), on being satisfied that there was a change in the circumstances of either party at any time after order under Section 25(1) was passed.

(3.) IT is true that on 25.9.1988 when decree for divorce was passed, husband was getting the same amount of net monthly salary which he is getting at present (Rs. 10,064.29 paise) and there has been no enhancement in his salary, but I find that on 25.9.1998, while passing order under Section 25(1), the trial court did not take into account the amount of salary which the husband was receiving then rather simply directed him to go on paying maintenance amount at the rate fixed under Section 24 earlier on 29.6.1996. when husband's net monthly salary was only Rs. 5599.66 paise.