JUDGMENT
R.P. Desai, J.
1. The instant First Appeal is directed against the judgment and order dated 23rd November 1989 passed by the Family Court at Bombay on the Notice of Motion No. 1970 of 1989 in M.J. Petition No. 204 of 1977. Briefly stated, the facts which give rise to the present Appeal are as under:
2. The Appellant had filed a Petition being M.J. Petition No. 3237 of 1972 for restitution of conjugal rights. On 14.3.1974, a decree was passed in her favour. As there was no resumption of the conjugal rights between the parties, the respondent husband filed a petition for divorce on the ground that there was no resumption of cohabitation between the parties for a period of two years after the passing of the decree for the resumption of conjugal rights in the proceeding to which they were parties. On 28th April 1977 a decree of divorce was accordingly passed. The amount of alimony was fixed at Rs. 125/- per month for the period commencing from 1.5.1977.
3. The appellant thereafter took out a notice of motion being Notice of Motion No. 1970 of 1989 praying therein that the maintenance of Rs. 125/-per month fixed by the decree of divorce dated 28th April, 1977 be enhanced to Rs. 700/- per month from the date of filing of the said notice of motion and that she maybe permitted to withdraw the amount deposited in the Court. On 25th September 1989, the appellant took out a Chamber .Summons being Chamber Summons No. 1062 of 1989 for leave to amend the Notice of Motion No. 1970 or 1989 and prayed that prayer (a-i) be incorporated therein. The said prayer (a-i) reads as follows:
“(a-1) The petitioner may be ordered and directed to deposit in this Hon’ble Court for payment to the respondent the sum of Rs. 80,000/- or such other amount as may be fixed with due regard to the circumstances of the case as and by way of gross alimony in lieu of monthly maintenance.”
This Chamber Summons was taken out because the appellant had learnt “that the respondent was due for retirement from 1st August, 1989 and was to be paid a substantial amount as retirement benefits.
4. The said Chamber Summons was allowed and upon perusal of the affidavits and counter-affidavits filed by both the sides, the learned Judge of the Family Court by his order dated 23rd November 1989 enhanced the amount of maintenance from Rs. 125/- to Rs. 225/- per month from the date of Notice of Motion i.e. 28th March 1989. It is this order dated 23rd November, 1989 which is impugned in the present Appeal.
5. Before considering the arguments on either side, we may mention that this matter was heard on the last occasion when Mr. C.P. Bagwe, the learned Advocate for the respondent was present. The matter was heard for a while and Mr. Bagwe made a statement on behalf of his client that his client, the respondent herein, would pay a sum of Rs. 35,000/- in full and final settlement of the alimony amount claimed by the appellant-wife. He also stated that his client has agreed that the said amount would be paid by a cheque and the same will be handed over to the appellant on or before the next date of hearing. However, we are informed by Mr. Deshmukh, the learned Counsel appearing on behalf of the respondent, that till date the said cheque has not been handed over either to him or to the appellant. Today, when the matter was called out for hearing/ neither the respondent nor his Advocate remained present. Hence, in me circumstances mentioned here in above, we are constrained to take up this matter for final hearing, since it pertains to maintenance of the appellant-wife.
6. Mr. Deshmukh, learned Counsel appearing for the appellant, drew our attention to the admissions of the respondent found in his affidavit dated 28th August 1989. In paragraph 5 of the said affidavit, the respondent has stated that his salary was Rs.2060/- and his monthly salary was Rs. 3216. In paragraph six of the said affidavit, he has stated that on the date of retirement, his basic salary was Rs.2060/-and he was getting Rs.473/- as dearness allowance; Rs.450/-as house rent allowance and Rs. 100/- as compensatory allowance. He received gratuity of Rs. 33,990-. According to him, the amount outstanding to his credit in the Provident Fund Account was Rs. 1,24,852/-. He has further stated that the amount of monthly pension available to him is Rs. 986/- per month after commutation of Rs.343/-. He has also admitted that he had received Rs. 32,990/- as gratuity; Rs. 43,054/- as and by way of commutation of the pension amount and that the provident fund of Rs. 1,24,852/- is still to be received by him. The total retirement benefits tha the was to receive would amounttoRs.2,01,896/-.Hehasalso stated that in the year 1967 he had purchased a flat and its market value as of today was more than Rs. 50,000/-. It is stated by the appellant that the said flat is situated in Bombay and that its market value is more than Rs. 5,00,000/-. In view of this, it is clear that we respondent is a person having substantial means. The respondent has stated that his wife is earning and her gross salary is Rs. 880/- per month and her net salary is Rs. 750/- per month. As against this, it is contended by the learned Advocate for the appellant that the appellant is not earning and she is sixty years of age. She has contended that the amount of maintenance awarded by the Trial Court is a meagre amount of Rs. 225/- which is hardly sufficient for a person to make both ends meet. In the circumstances, we have no hesitation in enhancing the amount of maintenance of the appellant-wife from Rs. 225/-per month to Rs. 500/-per month.
7. Hence, it is directed that the amount of Rs. 500/- by way of monthly maintenance be paid by the respondent-husband to the appellant-wife for the period commencing from 1st December 1996. It is further directed that die said monthly payment of Rs. 500/- towards the maintenance amount be made to the appellant-wife on or before the 10th of every month. As regards the arrears of enhanced maintenance amount from 28th March, 1989 till date, we direct that the respondent shall pay a sum of Rs. 12,000/- only to the appellant-wife on or before 10th of January, 1997.
8. In lieu of the aforesaid order and in the alternative, the respondent may pay a sum of Rs. 45,000/- to the appellant-wife in full and final settlement of her claim of alimony. It is made clear that the date on which the respondent pays the said amount of Rs. 45/000/-, further payments towards the monthly maintenance amount to the appellant-wife will automatically come to an end.