MANTU MALLICK Vs. LAKHI MALLICK

JUDGEMENT

(1.) Appellant is husband aggrieved by enhancement of maintenance u/s 25 (2) of the Hindu Marriage Act vide judgment dated 20.8.2016 passed in Title Matrimonial Suit No. 468 of 2011 rendered by the learned Principal Judge, Family Court, Dhanbad.

(2.) Earlier a Matrimonial Title Suit No. 312 of 2000 preferred by the husband for a decree of divorce u/s 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 was dismissed on contest vide judgment dated 27th February, 2003 and the husband was directed to keep the wife with all respect and dignity. He was also directed to maintain her and her daughter throughout the life and bear and arrange the marriage expenses of the minor daughter on her attaining the marriageable age. It was further ordered that in case the husband fails to provide suitable conjugal life to the wife at his house he shall continue payment of maintenance to the tune of Rs. 1000/- to the wife and minor child.

(3.) Wife approached the learned Family Court, Dhanbad for enhancement of maintenance in Title Matrimonial Suit no. 468 of 2011 U/s 25 (2) of the Hindu Marriage Act, 1955 stating that respondent failed to lead conjugal life with the petitioner and was making a payment of Rs. 1000/- but she is facing great hardship and difficulty to lead her life and life of her child in such a meager amount. Her daughter was only 5 years old at the time of granting the maintenance and now she has attained the age of 16 years and about to reach marriageable age and as such she prayed to enhance the maintenance amount of Rs. 1000/- to Rs. 15,000/- per month.