CR No. 7482 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7482 of 2009 Date of decision:- 07.09.2010 Smt. Rita Aeri ......Petitioner Vs Sh. Upendra Kumar Aeri ......Respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Sudhir Aggarwal, Advocate, for the petitioner. Mr. Munish Jolly, Advocate, for the respondent. HEMANT GUPTA, J (ORAL) Challenge in the present revision-petition is to the order passed by the learned trial Court on 18.11.2009, whereby, an application filed by the petitioner for amendment of the plaint, so as to claim enhanced amount of maintenance was dismissed. The parties in the present revision-petition were married in the year 1994. The petitioner filed a petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956 in the year 1998. The said petition was filed as an indigent person. The petitioner filed an application for amendment of the plaint, to claim enhanced amount of maintenance when the case was fixed for the evidence of the defendant. The amendment was sought as the salary of the respondent has CR No. 7482 of 2009 2 increased to Rs. 35,000/- per month as Traffic Manager with Indian Airlines as against Traffic Assistant, at the time of filing of the petition. The said application has been declined by the learned trial Court, on the ground that the petitioner, has sought amendment after gross delay. The petitioner has sought the amount of maintenance, on the basis of the salary as was known to the petitioner, on the date of filing of the petition. Increase in the salary of the respondent could not be known to the petitioner. Therefore, it could not be said that the petitioner has sought amendment in the plaint after delay, as on what date, the salary was increased and what is the current salary of the respondent are matters of evidence and in the knowledge of the respondent alone. The petitioner is claiming amount of maintenance from the respondent and such claim of maintenance cannot be permitted to be defeated only on the ground of delay in filing of an application to claim enhanced amount. Consequently, the order passed by the learned trial court is set aside. The petitioner is permitted to amend the plaint, so as to claim enhanced amount of maintenance. It shall be open to the respondent, to raise all pleas as may be available to the respondent, in accordance with law, in the amended written statements, if he chooses so to file. Civil Revision stands disposed of accordingly. 07.09.2010 (HEMANT GUPTA) Amodh JUDGE