Second suit Maintainability

Plaintiff (minor) filed a suit for recovery of past maintenance allowance at the rate of Rs.5,000 per month from October 2008 to April 2012, total Rs.2,10,000 and future allowance at the rate of Rs.15,000 per month

Family Court decreed suit accordingly; and said decision and decree, were not challenged by defendant in appeal before Appellate Court

Subsequently, the plaintiff filed fresh suit before Family Court for recovery of past maintenance allowance at the rate of Rs.10,000 per month from October, 2008 to January 2013, total Rs.5,20,000 and future maintenance allowance at the rate of Rs.15,000 per month

Fresh suit was dismissed by the Family Court

Validity

Only claim of the plaintiff in fresh suit was past maintenance allowance from Rs.5000 to Rs.10,000 per month, and future maintenance allowance at the rate of Rs.15,000

Plaintiff took divergent stands by claiming past maintenance allowance in both suits, which had negated his earlier suit, wherein he mentioned all expenses, including his admission in school, but later on in fresh suit he changed his stance, and claimed enhanced past maintenance

Plaintiff, in circumstances, should have filed an appeal against the earlier decision and decree passed by Family Court, or an application for increasing future maintenance allowance, should have been filed before Family Court on the ground of inflation and change in circumstances

Plaintiff having failed to do so, Family Court had not committed any illegality while dismissing the fresh suit filed by the plaintiff.