to consider for evading maintenance to the daughter but for to say the lumpsum paid to the wife of Rs.2,75,000/- for which she relinquished her M.C.claim. Even that is not recorded by separate petition that is required to be recorded for modifying the order that was no doubt not considered by the learned judge of the Family Court as it is a lumpsum claim under Section 25 of the Hindu Marriage Act (for short,’ the HM Act’), and if that is not sufficient, she can claim enhancement of the amount or additional fixation of lumpsum amount or regular maintenance therefrom by showing the said amount is exhausted for her surviving. Thus, so far as the wife’s maintenance enhancement is concerned, it is from Rs.500/- to Rs.1,500/- and the same is not sustainable. However, so far as the daughter’s maintenance of Rs.2,500/- is concerned, it no way requires interference even taken any income from the property gifted as addition to it since she is now studying 7th class or above, to meet the requirements of food, clothing and shelter and for academics. However, coming to the maintenance of wife though the enhancement of Rs.5,00/-to Rs.1,500/- is unsustainable the basic amount of Rs.500/- till it is altered in application under Sections 125 to 128 of Cr.P.C. by the husband, he cannot avoid his liability by virtue of the so called memorandum, hence it is open for him to make an application to cancel the maintenance claim to decide thereunder afresh till then he is liable to pay original amount of Rs.500/- p.m. to his wife. Accordingly, Point No.1 is answered.
