Despite agreement relating to quantum of maintenance in family settlement, parties can seek enhancement of maintenance under altered circumstances

Even if agreement relating to quantum of maintenance may be part of the settlement, the party can apply enhancement of maintenance once such party proves that there is a material change in circumstances justifying enhancement. Principles of res judicata will bar a suit of maintenance on an enhanced rate for a different period under altered circumstances even though on an earlier occasion a maintenance decree has been passed and a certain rate of maintenance had been fixed thereunder.

The inherent and fundamental principles of granting maintenance are for the amelioration of the financial state of affairs as well as mental agony and anguish that a woman suffers when she is compelled to leave her matrimonial home. The matrimonial statutes dealing with the subject command that there have to be some acceptable arrangements so that she can sustain herself. A woman who is constrained to leave the matrimonial home, should not be allowed to feel that she has fallen from grace and compelled to move hither and thither for arranging sustenance. As per law, she is entitled to lead a life similarly as she would have lived in the house of her husband. She cannot be compelled to become a destitute or beggar.

The purpose is to achieve ‘social justice. In interpreting provisions relating to maintenance, the Court is expected to bridge the gap between law and society. Provisions relating to maintenance fall in the category of legislation which is aimed at empowering the destitute and achieving the social justice, equity and dignity of the individual. In dealing with such cases there is a necessity for drift from the ‘adversarial litigation’ to social context adjudication”, which is the need of the hour.

In granting permanent alimony no arithmetic formula can be adopted as there cannot be mathematical exactitude. It shall depend upon the status of the parties, their respective social needs and financial capacity of the husband and other obligations. The Court is required to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party.

Appearing counsel/s : Mr.. Raman Sethi, Mr. Devender K. Sharma