Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maintenance Monthly maintenance |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for Consideration: Maintenance granted to the appellant by the Family Court, enhanced by High Court. If to be enhanced further.Hindu Adoption and Maintenance Act, 1956 – s.18 – Maintenance – Enhancement – Parties having three children were residing separately – Respondent-husband was residing with the two major children and the appellant-wife was residing with the minor child – Ex-parte decree of divorce was passed in favour of the Respondent whereafter he re-married – In the interregnum, the Appellant sought maintenance u/ss. 18, 20, application was allowed by the Family Court – Later, ex-parte order decreeing the divorce in favour of the Respondent was set aside; and the application u/s.13, Hindu Marriage Act filed by the Respondent was restored – Cross-appeal(s) filed against the Order of the Family Court – Maintenance granted was enhanced by High Court – Appellant sought further enhancement contending that the Respondents’ salary had increased significantly, relying upon an RTI application filed with BSNL revealing that the Respondent was last drawing a salary of Rs.1,05,871/- per month serving as Assistant Manager, BSNL – Respondent submitted that he has since attained the age of superannuation and no longer receives the said salary and is only drawing pension from BSNL: Held: In view of the position of the parties and the totality of circumstances, the monthly maintenance payable u/s.18 enhanced from Rs. 10,000/- per month to Rs. 20,000/- per month from the date of the pronouncement of the present Order – Furthermore, the arrears payable in respect of the maintenance due to the Appellant be payable in equal instalments by the Respondent in addition to the regular maintenance as quantified – Directions issued to the Family Court. [Paras 11-13] |
Judge | N/A |
Neutral Citation | 2024 INSC 76 |
Petitioner | Yagwati @ Poonam |
Respondent | Ghanshyam |
SCR | [2024] 1 S.C.R. 1100 |
Judgement Date | 2024-01-29 |
Case Number | 1318-1319 |
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