ADITYA SHRIVASTAVA Vs. ASHA

JUDGEMENT

(1.) AN order passed by the Court below upon an application filed under Section 25 (2) of Hindu Marriage Act, 1955 (in short 'the Act'), has been challenged in this appeal by the appellant under Section 28 of the Act.

(2.) THE undisputed facts are that a divorce decree was passed on 22-12-1995. The parties are having two daughters namely Shweta and Deepshikha. In the judgment of divorce it was directed to the appellant that he would pay Rs. 1000/- per month to respondent and two daughters. Out of this amount Rs. 500/- was fixed for the wife and Rs. 500/- were equally distributed i. e. Rs. 250/each for maintenance of the daughters namely Shweta and Deepshika. An application was submitted in the Court below for enhancement of maintenance amount on account of escalation in the price index as well as the daughters are growing up and for their studies, as the amount of maintenance which was passed earlier has now become quite inadequate. According to the respondent, appellant is having his own property like house, ancestral property, Maruti Car etc. and as such he is quite competent to pay a sum of Rs. 4,000/- per month for maintenance to her and the two daughters. It has been prayed that on account of changed circumstances the amount of maintenance be enhanced from Rs. 1000/- to Rs. 4000/ -. Further it has been prayed that a sum of Rs. two lakhs in lump sum be also paid.

(3.) IN replay to the application, the averments made in the application were denied and it has been specifically pleaded that the appellant is a private doctor, having qualification of B. A. M. S. and at present he is residing in one room in the township of Chhapara, district Seoni. His sole source of earning is his private medical practice only, by which he is earning only Rs. 2,000/- per month. It has also been pleaded that the applicant/respondent has been employed on the post of clerk in Municipal Council, Seoni and is earning Rs. 7,000/- per month as such she is quite competent to maintain herself and the daughters.