Topic: Sipra Bhattacharyya vs Apares Bhattacharyya

Sipra Bhattacharyya vs Apares Bhattacharyya

Point of law: 

The court is duty bound to dispose of pending application for enhancement of maintainable before suit for divorce is decided

Facts: pending disposal of divorce suit, wife was granted interim maintenance of Rs 400/- only p.m. by District Judge.

The Aggrieved wife filed revision petition before the High Court. Meanwhile she also filed application before the District Judge for enhancement of the amount of maintenance on ground that her husband's earning had increased.

Disposing the said revision petition The High Court directed lower court below to decide divorce suit within one year and directed the wife not to press for enhancement for maintenance till disposal.

Decision:  The High Court as was held, was not justified in passing order which virtually rejected wife's application for the enhancement of maintenance.

The Supreme court enhanced maintenance to Rs 7000/- with further directions to trail court to dispose of divorce suit within one year.