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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Laxmi Verma, W/o. Shri Ghanshyam Verma – Appellant
Versus
Ghanshyam Verma, S/o. Santram Verm – Respondent
Key Points: - The Court held that permanent alimony under Section 25(1) requires an express application; without it, the court has no jurisdiction to grant alimony. (!) (!) - The Family Court must consider permanent alimony only upon an application filed at or after the divorce decree; passing of a decree alone does not by itself warrant alimony without an application. (!) (!) - The appellant’s request for permanent alimony cannot proceed without filing an application and presenting oral and documentary evidence as per Rajnesh v. Neha guidelines. (!) (!) - The judgment dismisses the current appeal for permanent alimony due to lack of an express application, but allows the appellant to file an appropriate Section 25(1) application in the Family Court for merits consideration. (!) - Prior case law (Jitbandhan v. Gulab Devi, Chhaya Kshatriya v. Pramod Kumar Kshatriya) supports that lack of application under Section 25(1) bars relief and that natural justice requires proper procedure. (!) (!) - It is imperative that the decree for divorce (crystallizing the dissolution of marriage) is a precondition for considering permanent alimony, as the statute contemplates maintenance linked to the marital status disruption. (!) - Rajnesh guidelines permit parties to lead evidence regarding income, expenditure, and standard of living before fixing permanent alimony. (!)
| Table of Content |
|---|
| 1. background on marriage dissolution and appeal. (Para 1 , 2) |
| 2. appeal for permanent alimony; opposition noted. (Para 3 , 4) |
| 3. court's focus on permanent alimony question. (Para 5 , 6) |
| 4. requirements for permanent alimony as per law. (Para 7 , 8) |
| 5. supreme court's interpretation of decree implications. (Para 9) |
| 6. role of applications for maintenance; requirement of evidence. (Para 10 , 11 , 12 , 13 , 14) |
| 7. conclusion: appeal disposed with options for future. (Para 15) |
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking jurisdiction of this Court under Section 19(1) of Family Court Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 (hereinafter, the Act of 1955), the appellant/defendant has preferred this appeal against the impugned judgment and decree dated 10/01/2019 (Annexure A/1) passed by the Family Court, Rajnandgaon in Civil Suit No. 138-A/2014 whereby decree for dissolution of marriage on the ground of cruelty and desertion enumerated under Sections 13(1)(ia) and (ib) of the Act of 1955 has been passed in favour of the respondent/plaintiff.
2. The aforesaid question arises on the following factual backdrop :-
(a) The marriage of appellant/defendant/wife and resp
Permanent alimony under Section 25(1) of the Hindu Marriage Act requires an application to be filed; without it, the court lacks jurisdiction to consider the claim.
Permanent alimony can be granted by the court at the time of divorce decree without requiring a separate application, as per Section 25 of the Hindu Marriage Act.
The mode and form of the application for claiming permanent alimony under Section 25 of the Hindu Marriage Act is immaterial, and the court has to consider the parameters as guided in the provision i....
Family Courts are passing orders under Section 25 of Hindu Marriage Act while finally deciding matrimonial disputes more or less in mechanical manner without making proper inquiry - This does not ser....
The court clarified that a claim for permanent alimony under Section 25 of the Hindu Marriage Act can be made at any time, and the lack of a written application does not prevent the court from granti....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
The court emphasized the importance of public policy against vagrancy or destitution and held that the waiver clause in the consent terms cannot oust the jurisdiction of the court as expressly confer....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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