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Divorce Decree Does Not Preclude Subsequent Claim:
The has ruled that a spouse can claim under even after a has been passed. Justice Ramkumar Choubey, presiding over a single bench, held that the retains jurisdiction to consider such an application, as the statute expressly permits claims for "at any time subsequent" to the decree.
Background of the Case
The appeal arose from a matrimonial dispute where the husband had obtained an . The wife initially sought to set aside the decree under , but her application was dismissed by the lower court. In the High Court, the wife's counsel clarified that she no longer wished to contest the divorce itself, as the husband had already remarried. Instead, she pressed for an opportunity to pursue , which had not been addressed in the original proceedings.
The husband's counsel argued that he was already paying ₹5,000 per month under and had transferred property to their daughter. However, he did not oppose the wife's request to file a fresh application for alimony.
Court's Legal Analysis
The court examined
, which empowers a court to grant
"at the time of passing any decree or at any time subsequent thereto."
The bench emphasized that this provision is designed to protect the financially weaker spouse and should not be interpreted narrowly.
Relying on the precedent set in
Surajmal Ramchandra Khati v. Rukminibai
(2000 MPLJ 19), the court noted that the expression
"on application made to it"
does not mandate a separate formal application in every case. Similarly, the
's decision in
Patel Dharamshi Premji v. Bai Sakar Kanji
(1967) was cited to affirm that a party does not need to remain a "spouse" at the time of filing the alimony claim; the relief can be sought even after the divorce decree.
Key Observations from the Judgment
"The fact that a has already been passed does not, by itself, preclude the appellant from seeking the relief of under . The learned is competent to consider such application and pass an appropriate order in accordance with law."
The court further observed that the statutory scheme contemplates consideration of subsequent to the decree, reinforcing the protective intent of the provision.
Final Decision and Implications
Since the wife was not challenging the divorce decree, the High Court saw no need to restore the original proceedings. Instead, it disposed of the appeal with liberty for the wife to file a fresh application under Section 25 before the , which must be decided on its merits after hearing both parties.
This ruling clarifies that a divorce decree does not extinguish the right to claim permanent , providing a crucial safeguard for spouses who may have been unable to raise the issue during the original proceedings. It underscores the of family courts to ensure even after marriage dissolution.
