JUDGMENT :

PUSHPA V. GANEDIWALA, J.

1. Heard Shri R.L. Khapre, learned Senior counsel for the appellant and Shri Onkar Ghare, learned counsel for the respondent.

2. This appeal challenges the judgment and decree in R.C.A. No. 33/2018 dated 07/12/2018 passed by the Ad-hoc District Judge-1, Khamgaon, Dist. Buldhana which dismissed the appeal and confirmed the judgment and decree dated 20/12/2017 in H.M.P. No. 78/2017, passed the Court of Civil Judge, Senior Division, Khamgaon which failed to consider the prayer for permanent alimony of the appellant-wife while decreeing divorce by mutual consent.

3. This Court admitted the appeal on the following substantial questions of law:

(i) Whether it is necessary for the wife to file application in writing to grant permanent alimony under Section 25 of the Hindu Marriage Act, 1955?

(ii) Whether wife can claim maintenance under Section 25 of the Hindu Marriage Act, 1955, as she is divorcee, after passing the decree of divorce?

4. With regard to the substantial questions of law at serial No. 2, both the learned counsel are at consensus that Section 25 of the Act does permit the divorcee spouse to claim maintenance from the other spouse even subsequent