Leave granted.
This Court on 7.4.2000, while issuing notice, directed that special leave petition will be disposed of finally. Despite service of notice, the respondent neither has chosen to appear in person nor through Counsel and no counter has been filed. We, therefore, proceed with the merits of the case in the absence of the respondent.
2. This appeal is directed against the judgment of the Allahabad High Court dismissing the writ petition filed by the appellant claiming enhancement in maintenance to be paid by the respondent-husband. The respondent-husband had filed a suit for dissolution of marriage against the appellant herein. Prior to that, the Magistrate in proceedings under Section 125, Cr.P.C. granted maintenance of Rs. 1700/- p.m. to the appellant and her four children. The appellant moved an application for maintenance under Section 24 of the Hindu Marriage Act. The Family Court, Agra held that maintenance granted by the Magistrate does not require any enhancement. Consequently, the prayer for enhancement of maintenance was rejected. Aggrieved thereby, the appellant filed a writ petition before the High Court and the High Court dismissed the petition summarily on the ground that the case does not require any interference. It is against the said judgment the appellant is in appeal before us.
3. We have looked into the record and find that the appellant has four grown up children who are receiving education and a sum of Rs. 1700/- which is being paid to the appellant and her four children is not sufficient. We, therefore, direct that the respondent shall pay a total sum of Rs. 3,000/- per month as maintenance to the appellant and her four children. This is inclusive of Rs. 1700/- which was granted by the Magistrate.
With this direction, the appeal stands disposed of.
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