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Judgment
Heard further argument from both the parties.
The appellant wife states that because of the changed circumstances and existence of proof that she is entitled to more maintenance, she would approach the appropriate forum u/s 25 of the Hindu Adoptions and Maintenance Act, 1956 and therefore, she may not press this appeal at this stage and leave may be granted to agitate the same as against the order for enhancement of maintenance u/s 25, if that is not considered by the Judge, Family Court, Cuttack. Learned counsel for the respondent states that it is upto the choice of the appellant to make claim u/s 25, but no leave of this Court is necessary at this stage in the manner the appellant has prayed for.
Considering the aforesaid submission, we disposed of this MATA without interfering with the impugned order passed in Civil Proceeding No.130 of 1998 of the Judge, Family Court, Cuttack. However, we make it clear that we have not examined the merit of the case so also the merit of the findings recorded by the learned Judge, Family Court in the impugned judgment since the appellant wants to invoke the jurisdiction u/s 25 of the Hindu Adoptions and Maintenance Act. On filing of such application, the Judge, Family Court, Cuttack may consider the same strictly in accordance with law. The MATA is accordingly disposed of.
Parties are directed to bear their respective costs, so far as this litigation is concerned.