Neelam vs Kailash Bajpai

D.M. Dharmadhikari, J.—The matrimonial Court in proceedings between the parties, had fixed the maintenance pendente lite at the rate of Rs. 325/- per month, to be paid by the husband to the wife. During the pendency of the case, he was suspended and was getting only suspension allowance. Taking into consideration this subsequent event the Matrimonial Court on his application, reduced the maintenance pendente lite to Rs. 225/-per month. It is against that order that the wife has preferred this revision.

The learned Counsel appearing for the wife contends that u/s 24 of the Hindu Marriage Act, 1955, there is no express power conferred on the Court to reduce the rate of maintenance pendente lite once fixed, The legal contention cannot be accepted. In the changed circumstances, the power has to be implied in the Court to reduce or chance the rate of maintenance, because maintenance to be paid is only during the proceedings. Such a power of variation of the rate of maintenance pendente lite is to be inferred in the Court, is also view of two other High Courts, i.e., (i) Laxmi Priya Rout Vs. Kama Prasad Rout, and (ii) Anuradha @ Chanchal Kumari Vs. Santosh Nath Khanna, In case the suspension of the husband from service is revoked, it would be open to the wife to approach the Court for restoring the earlier rate of maintenance.

For the aforesaid reasons, the revision has no force and is hereby dismissed. There shall, however, to be no order as to costs.