IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.388 of 2008 BINOD THAKUR S/O LATE RAJNATH THAKUR, R/O VILLAGE- BABURA, P.S.- BARHARA, DISTRICT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. MALA DEVI W/O BINOD THAKUR, R/O VILLAGE- GUNDI, P.S.- KRISHNAGADH, DISTRICT- BHOJPUR, AT PRESENT R/O VILLAGE- PAKRI, P.S.- ARA NAWADA, DISTRICT- BHOJPUR ****** For the Appellant :- Mr. Vivekanand Singh, Advocate For the Respondent :- Mr. Jagdhar Prasad, Advocate ********** 7 27/01/2009 Husband- appellant, aggrieved by the order dated 28th June, 2008 passed by the Principal Judge, Family Court, Bhojpur in Misc. Case No. 117 of 2007 granting permanent alimony at the rate of Rs. 2,000/- per month under section 25 of the Hindu Marriage Act, has preferred this appeal. Taking into account the over all facts the Principal Judge had directed for payment of the aforesaid amount as permanent alimony. A supplementary affidavit has been filed on behalf of the appellant in which it has been stated that the wife- respondent has been appointed as Shiksha Mitra and getting monthly salary of Rs. 4000/- per month. Mr. Vivekanand Singh appearing on behalf of the appellant submits that in view of the fact that the wife is getting monthly salary of Rs. 4,000/- per month, the order granting permanent alimony deserves to be rescinded. Mr. Jagdhar Prasad appears on behalf of the respondent. - 2 - Section 25 (2) of the Hindu Marriage Act provides that if there is a change in the circumstances of either party after the court had made order for permanent alimony, at the instance of either party it can vary, modify or rescind the order granting permanent alimony. The plea put forth by the appellant needs examination of fact and in that view of the matter we are of the opinion that the appellant may take recourse to the remedy under section 25(2) of the Hindu Marriage Act. Needless to state that in case such an application is filed, the court in seisin of the matter shall consider the same in accordance with law. The respondent shall be at liberty to withdraw the amount which the appellant had deposited in terms of the order dated 10th of November, 2008. The appeal stands dismissed with the observation aforesaid. (Chandramauli Kr. Prasad, ACJ.) (Shyam Kishore Sharma, J.) avin