IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.340 of 2008 Smt Chunni Devi w/o Chanchal Sah resident of village Malahi Tola P.S. Bairia Dist. West Champaran At present village Tadhawa Nandpur PO Tadhwa Nandpur P.S. Bairia Dist. West Champaran Appellant Versus 1. Chanchal Sah S/o Sri Nathuni Sah resident of village Malahi Tola P.S. Bairia Dist. West Champaran At present Head clerk, Sub divisional Hospital, Bagaha Dist. West Champaran 2. Nathuni Sah S/o late Bal Kishun Sah resident of village Malahi Tola P.S. Bairia Dist. West Champaran Respondents --------- 12/ 07.09.2010 Heard the parties. Appellant is satisfied with the decree of the court below in so far as husband’s prayer for divorce has been rejected. However, she wants enhancement of maintenance amount awarded by the learned family court which is Rs 1,000/- for the appellant and Rs 1,000/- each for her father-in-law and mother-in-law who are allegedly being looked after by her. Learned counsel for the appellant has submitted that her mother-in-law had died because she could not afford for her treatment and now only with Rs 2,000/- for maintenance of herself and her father-in-law she is unable to meet all requirements of daily life. It has further been submitted that respondent-husband is a government servant having monthly salary of more than Rs 20,000/-. Considering the nature of the claim and considering that more than two years have passed since the court below determined the amount of maintenance, we are of the view that the appellant should be permitted to file an application before the family court for revision - 2 - of the maintenance amount giving all necessary particulars. It is made clear that we have not expressed any opinion on the merit of such application. The learned Family Court, West Champaran at Bettiah will be at liberty to decide the claim of the appellant on the basis of the materials adduced by her and other sides in accordance with law. This appeal is disposed of accordingly. No costs. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) shahid