Court Affirms Family Court's Decision to Increase Monthly Maintenance from Rs. 2,000 to Rs. 6,000 After Completion of Lump Sum Payment Period
In a significant ruling, the Bombay High Court's Aurangabad Bench has upheld the Family Court's decision to enhance the monthly maintenance allowance for a divorcee wife, Sonali, from Rs. 2,000 to Rs. 6,000. The decision comes in light of increasing inflation and the expiration of a lump sum maintenance period previously agreed upon.
The case, titled Shivaji v. Sonali, revolved around the maintenance rights of a divorcee under the Criminal Procedure Code, 1973, specifically Sections 125 and 127. The initial agreement, made in 2020, allowed Sonali to opt for a lump sum payment of Rs. 2,50,000, covering a specified period of five years. With the completion of this period, Sonali sought an increase in her monthly maintenance allowance, citing rising living costs.
Justice Abhay S. Waghwase presided over the revision application filed by Shivaji, the ex-husband, challenging the Family Court's decision to enhance the maintenance. Shivaji contended that the lump sum payment should preclude any further claims for increased maintenance. However, the court found no illegality or perversity in the Family Court's decision, emphasizing that the expiration of the lump sum period justified a reassessment of Sonali's maintenance needs.
The court's judgment highlights the legal provision under Section 125(2A) of the CrPC, which permits the conversion of monthly maintenance into a lump sum for a period not exceeding five years, or longer if mutually agreed upon. In this case, the lack of a mutual agreement to extend the lump sum period beyond five years allowed for the reconsideration of monthly maintenance.
The court acknowledged the Family Court's careful consideration of the statutory provisions and the circumstances, including the impact of inflation on the cost of living, which justified the enhancement. Despite Shivaji's claims of having fulfilled his financial obligations through the lump sum payment, the court maintained that maintenance obligations continue until the wife remarries or has independent means of livelihood.
As a result, the court dismissed Shivaji's revision application, affirming the Family Court's decision to enhance Sonali's monthly maintenance. This ruling reinforces the rights of divorcee wives to seek maintenance adjustments in response to changing economic conditions, ensuring their financial security post-divorce.
Bottom Line:
Maintenance under Section 125 CrPC - Enhancement of maintenance amount permissible even after lump sum payment, provided the lifespan of the lump sum payment is completed or circumstances justify renewal of maintenance request.
Statutory provision(s): Sections 125 and 127 of the Criminal Procedure Code, 1973
Shivaji v. Sonali, (Bombay)(Aurangabad Bench) : Law Finder Doc id # 2849975
