(Madan B. Lokur and S.A. Bobde, JJ.)
Sreeja V. ___________________________________________ Appellant
v.
Rajesh Puliyankalath _______________________________ Respondent
IAs Nos. 76-80 and 96-100 in CAs Nos. 2637-41 of 2013, decided on August 10, 2015
The Order of the court was delivered by
Order
1. The appellant has already a decree in her favour under Section 9 of the Hindu Marriage Act, 1955. Nobody has any grievance against that decree. According to the respondent, there is a decree of divorce in his favour, but, according to the appellant, the decree of divorce is a nullity and it need not be challenged.
2. The only issue pending in this Court is with regard to the grant of maintenance to the appellant. More than 100 (one hundred) interim applications have been filed in this case from time to time indicating several changes in circumstances.
3. In view of the repeated change in circumstances, the appellant says that the maintenance granted is insufficient and the amount of maintenance should be increased and the salary of the respondent should be attached. This is a matter that will require to be considered by the Family Court. The matter should actually be considered by the Family Court, Bandra, Mumbai. However, the appellant says that she is staying in Bangalore and the respondent used to be in Bangalore, but we are told that he has now shifted to Delhi. Under the circumstances, we transfer this matter to the Family Court at Bangalore to consider the grant of maintenance to the appellant at the earliest.
4. The appeals are allowed to the aforesaid extent.
5. The Registry will ensure that the papers of this matter are sent to the Family Court, Bangalore which will consider the applications filed by the parties.
6. Liberty is granted to the appellant to file fresh application(s) before the Family Court, Bangalore. The parties will appear before the Family Court on 17-8-2015.
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