The present appeal(s) culminate out of a common order dated 11.11.2016 whereunder the High Court of Rajasthan (the “ High Court ”)
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enhanced the award of maintenance granted to the Appellant by the Family Court at Jaipur under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (the “ Act ”) from Rs.3,000/- (Rupees Three Thousand) per month to (i) Rs.6,000/- (Rupees Six Thousand) from the date of filing the application before the High Court i.e., 16.05.2009 up until 31.12.2005; and (ii) Rs.10,000/- (Rupees Ten Thousand) per month from 01.01.2006 onwards (the “ Impugned Order ”).
The marriage between the Appellant and Respondent came to be solemnized on 27.04.1982, thereafter 3 (three) children came to borne out of the wedlock i.e., (i) Abhishek; (ii) Aashish; and (iii) Nikki.
Vide an order dated 15.04.2009, the Family Court, Jaipur allowed the Appellants’ application, and accordingly granted maintenance as follows: (i) Appellant: Rs.3,000/- (Rupees Three Thousand) per month w.e.f from 15.04.2009; (ii) Nikki: Rs.5,000/- (Rupees Five Thousand) per month w.e.f from 15.04.2009 until Nikki attained the age of majority; and (iii) Litigation Cost: Rs.2,000/- (Rupees Two Thousand) (hereinafter referred to as the “ Underlying Order ”) 7.
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Pertinently, it was also brought to the attention of this Court that the arrear(s) of maintenance have not been paid to the Appellant despite a categorical direction from the High Court to clear the arrear(s) of maintenance within 1 (one) year from date of the Impugned Order i.e., on or before 11.11.2017.
We accordingly allow the appeal(s) preferred by the Appellant and enhance the monthly maintenance payable under Section 18 of the Act from Rs.10,000/- (Rupees Ten Thousand) per month to Rs.20,000/- (Rupees Twenty Thousand) per month with effect from the date of the pronouncement of this Order.
Resultantly, in furtherance of our orders above, the Family Court, Jaipur is directed to: (i) Quantify the total arrears due to the Appellant in terms of the Impugned Order; (ii) Fixate the duration and the quantum of monthly payment to be made by the Respondent in furtherance of arrears of maintenance as computed in terms of Paragraph 13(i) above, in such a manner that the total amount i.e., (a) regular maintenance to the extent of Rs.20,000/- (Rupees Twenty Thousand); and (b) the amount quantified towards the extinguishment of arrears of maintenance does not exceed 50% of the pension drawn by the Respondent from BSNL; (iii) Issue necessary directions to the BSNL to ensure that the total amount i.e., (a) regular maintenance to the extent of Rs.20,000/- (Rupees Twenty Thousand); and (b) the additional monthly payment as more particularly identified in 13(ii) above, is credited into the Appellants’ bank account on an identified date of every calendar month; and (iv) A copy of this Order may also be sent to BSNL for necessary compliance and onward action (if any).
(VIKRAM NATH)……………………………………J.
Case Title: YAGWATI @ POONAM Vs. GHANSHYAM (2024 INSC 76)
Case Number: C.A. No.-001318-001319 / 2024
