Judgment:
1. This appeal by the wife arises out of the impugned judgment and decree dated 19.12.2005 passed in M.C. No. 1800/2002 on the file of the 1 Additional Principal Judge, Family Court, Bangalore, seeking permanent alimony at the rate of Rs.5,000/- p.m., from 1st of June 1998 till the date of payment and maintenance at the rate of Rs. 1,000/- p.m., to the minor daughter from 01.06.1997, the date of desertion by the respondent / husband.
2. The brief facts of the case are; The appellant and the respondent got married on 22.01.1996 as per their customs and rituals, at Adichunehanagiri Community Hall, Vijayanagar. Bangalore. They were living together peacefully, with cordial relationship. Out of the said wedlock, they have a minor child, by name Indushree. Thereafter, it is the case of the wife that the respondent husband even after six months from the date of delivery, did not take her and the minor daughter to his house. Inspite of several advise from the panchayath, well-wishers, relatives and friends, the respondent did not bring the wife and daughter to his house, but, however the parents of the appellant persuaded the appellant to go to the house of the respondent, she was thrown out from his house. As there was no other option for the appellant, she went to her parents' house alongwith the minor child in the year 1998 and since then, snc has been living with her parents. She has to live with honour and dignity along with other relatives and friends in the locality. The respondent neglected & failed to provide her & their daughter with the basic amenities such as clothing, shelter, food, maintenance, and education of minor child, etc., Therefore, she was constrained to initiate the proceedings by filing an application / petition under Section 13 1(a) and 1(b) of Hindu Marriage Act, seeking interim maintenance, The same was registered in M.C. No. 1800/2002, on the file of learned Judge, First Additional Family Court, Bangalore. The said matter had come up for consideration before the Family Court. The Family Court, inturn, after assessing oral and documentary evidence and other materials on record, taking into consideration the status of the parties, occupation of the husband and also keeping in mind the expenditure required to maintain herself and minor daughter, allowed the petition, granting divorce, awarding permanent alimony at the rate of Rs.900/- pan to the appellant and Rs.600/- to the minor daughter, contrary to the relevant material on files in as much as, the respondent himself has produced salary certificate / salary slip at Ex.Rl. wherein as on the relevant date, he was getting gross salary of Rs. 12,276/- per month and after deductions, he was getting net salary of Rs.l2,000/-p.m.
3. The learned advocate for appellant submits that, without taking into consideration the cost of the basic necessities, to live with honour and dignity, the Tribunal has proceeded to grant inadequate maintenance at the rate of Rs.900/- p.m and Rs.600/-p.m respectively to the appellant and the minor child, on the sole ground that the respondent has to lookaftt his mother and four sisters who are unmarried. The same is not just and proper for the reason that, the income / salary drawn by the respondent as per Ex.Rl, for the relevant period was Rs. 12,276/- p.m and the gross salary drawn by the respondent for the month of November 2009 is Rs.25,487.30 and the net salary is Rs. 14,561/ per month, as communicated by the Deputy General manager (A&C;) & Public Information Officer vide his letter dated 26.12.2009, in response to the information sought under the RTI Act, 2005. Further, it is stated that, the respondent is working as an Assistant Supervisor, (Group E] in a Transport Operation Department, facilitating the Management Division, HAL, Bangalore. Therefore he submits that the prayer sought in the appeal may be granted by awarding Rs.5,000/- p.m as maintenance to the wife from the date of desertion and Rs. 1,000/- p.m to the minor child from 1.6.1997 by modifying the impugned judgment and decree passed by the Court below.
4. As against this, learned counsel for the respondent contended that, the impugned judgment and decree passed by the Courl below is just and reasonable & that the same is passed after due appreciation of oral and documentary evidence available on file & also taking into consideration, the fact that the respondent has to look after his aged mother and four unmarried sisters. He was getting Rs. 12.276/- p.m as on the date of adducing the evidence & taking that into consideration, reasonable maintenance at the rate of Rs.900/- p.m and Rs.600/- p.m respectively has been ordered to be paid to the appellant and the minor daughter and therefore interference by this Court is uncalled for.
5. After careful consideration of the submissions of the learned counsel appearing for the parties, as stated supra the point that arise tor our consideration is. Whether the appellant / wife has made out a case for enhancement of maintenance?
6. The undisputed facts of the case are that, the appellant and the respondent were legally wedded couple. Out of the said wed lock, they have a daughter by name Indushree. The Court below after appreciation of oral and documentary evidence and other relevant materials available on file, has rightly allowed the petition filed under Section 13 (la) & (lb) of the Hindu Marriage Act. However the Court below erred in awarding permanent alimony of only Rs.900/- per month in favour of wife till her life time and Rs.600/-per month to the minor daughter till her marnage. The same is inadequate and not sufficient for the reason that, the appellant and her daughtei should also live with honour and dignity with other family members and other persons in the locality, and that she has to bear the educational & other expenses. For the said purpose, we have to take into consideration the escalation in prices of all commodities including food grains, cloths, maintenance, health care, education etc., to be incurred by the appellant for herself & the minor daughter. The Family Court in not considering the salary slip / salary certificate - Ex.Rl produced by the respondent himself in proper perspective. As rightly pointed out by the learned counsel for the appellant, as per the communication received from the Deputy General Memo Manager and Public Information Officer, HAL, Bangalore division dated 26.12.2009, the gross salary of the respondent for the month of November 2009 is Rs.25,487.30 and after all permissible deductions, he is getting more salary. Now, we arc in 2011 and definitely he will be getting much higher salary. Therefore, taking note of the pay slip produced by the appellant for the month of November 2009 and bearing in mind the escalation in the prices of all essential commodities, required to lead a normal life with honour and dignity, to meet the tuition fee and other incidental expenses for giving education to the minor daughter, who should now be studying in ninth standard and having regard to the nature of the dispute, status of the parties, we are of the considered view that, we can safely award maintenance of Rs.4,000/- p.m to the appellant during her lifetime and Rs.2,000/- p.m to the minor daughter.
7. Having regard to the facts and circumstances of the case, the appeal is allowed in part. The impugned judgment & decree passed by the court below in M.C.No. 1800/2002 dt: 19.12.2005 is hereby modified, awarding maintenance of a sum of Rs.4,000/-per month in favour of the appellant till her lifetime and Rs.2,000/- per month in favour of the minor daughter, till her marriage, effective from the month of January 2010 to May 2011 and continue to pay the same on or before 10th of every month. 50% of the arrears of maintenance amount from the month of January 2010 to May 2011 is directed to be deposited in the name of the appellant / wife in her S.B.Account within four weeks from the date of receipt of the copy of this Judgment. Remaining 50% of the arrears is directed to be paid to the appellant by way of DD within eight weeks thereafter. She is directed to provide the S.B.Account number to the respondent, forthwith.
With these modifications, the appeal filed by the appellant stands disposed of.