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2014 Supreme(Del) 2848

DELHI HIGH COURT
J.R. Midha, J.
Kusum Sharma & Ors. - Appellant
Versus
Mahinder Kumar Sharma - Resopndent
FAO 369/1996 and CM No. 15083/2014 with MAT.APP. 47/2005, FAO 297/1997 and CM No. 178/2009, 36/2012 and CM Nos. 7447-48/2012, MAT.APP. 64/2007, CM Nos. 12771/2007, 4932/2010 and 19199/2012, MAT.APP. 33/2010 and CM Nos. 15081-82/2014, MAT.APP. 124/2010 and CM No. 20014/2010 and MAT. APP. 8 of 2013
Decided On : 18-09-2014

Advocates Appeared:
For the Appellant in FAO 369/1996 and CM No. 15083/2014 : Mr. Aseem Chandra, Mr. Santosh Tripathi, Advs. and Mr. Sunil Mittal, Amicus Curiac.
For the Respondent in FAO 369/1996 and CM No. 15083/2014:Mr. Rahul Sharma and Ms. Jyoti Dutt Sharma, Advocates.
For the Appellant in MAT.APP. 47/2005 : Ms. Ann Narula, Amicus Curiac.
For the Respondent in MAT.APP. 47/2005:Mr. Subhash, Advocate.
For the Appellant in FAO 297/ 1997 and CM No. 178/2009 : Mr. Rajiv K. Garg, Amicus Curiae.
For the Respondent in FAO 297/1997 and CM No. 178/2009:Ms. Vandana Khurana, Advocate.
For the Appellant in MAT.APP. 36/2012 and CM Nos. 7447-48/2012 :Dr. L.S. Chaudhary and Mr. Ajay Chandhary, Advocates.
For the Respondent in MAT.APP. 36/2012 and CM Nos. 7447-48/2012:Mr. Vijay Kasana, for Mr. Rajat Aneja, Advocates.
For the Appellant in MAT.APP. 64/2007, CM Nos. 12771 /2007, 4932/2010 and 19199/2012 : Ms. Ann Narula and Mr. kunal Aurora, Advs. along with appellant in person.
For the Respondent in MAT.APP. 64/2007, CM Nos. 12771/2007, 4932/2010 and 19199/ 2012:Mr. Ashish Dogra, Advocate.
For the Appellant in MAT.APP. 33/2010, CM Nos. 4727/2010 and 18975/2011 :Mr. Siddharth Pandit and Mr. Narender Sharma, Advocates.
For the Respondent in MAT.APP. 33/2010, CM Nos. 4727/2010 and 18975/2011:Mr. Deepak Khadaria, Advocate.
For the Appellant in MAT.APP. 35/2010 and CM Nos. 15081-82/2014:Ms. Bhanita Patawary and Ms. Richa Aggarwal, Advocates.
For the Respondent in MAT.APP. 35/2010 and CM Nos. 15081-82/2014:Mr. Malaya Chand and Mr. S.P. Mitra, Advocates.
For the Appellant in MAT.APP. 124/2010 and CM No. 20014/2010 :Mr. Hasan Anzar, Mr. Osama Suhail and Ms. Samama Suhail, Advocates.
For the Respondent in MAT.APP. 124/2010 and CM No. 20014/2010:Ms. Gitanjali Malviya, Ms. Sana-Ul-Haq and Mr. Purushendra Bharadwaj, Advocates.
For the Appellant in MAT.APP. 8/2013 :Mr. Suraj Bhan, Advocate.
For the Respondent in MAT.APP. 8/2013:Ms. Vandana Khurana, Advocate.

Headnote:

MAT. APP. 64/2007, 124/2010 and 36/2012, the appellants seek two weeks time to file the application under Section 25 of the Hindu Marriage Act. Let all the parties file their affidavits of assets, income and expenditure from the date of the marriage upto this date within two weeks. The affidavits shall contain all the particulars mentioned in para 7 and shall be accompanied with documents mentioned in para 8 of Puneet Kaur v. Inderjit Singh Sawhney, 183 (2011) DLT 403=III (2011) DMC 487. The affidavit shall also contain particulars of properties mentioned in Section 27 of the Hindu Marriage Act. The response to the affidavits be filed within a period of two weeks thereafter.

Fact of the Case:

During the pendency of the appeals, the appellants are seeking to invoke Section 25 of the Hindu Marriage Act to claim permanent alimony.

Finding of the Court:

The Hindu Marriage Act is a complete code which codifies all the rights, liabilities and obligations arising from a matrimonial tie. Section 25 of the Hindu Marriage Act, 1955 provides a very important right of permanent alimony and maintenance to the wife which can be invoked either at the time of passing of the decree by the Trial Court or at any time subsequent thereto.

Issues: 1. Whether the appellants can invoke Section 25 of the Hindu Marriage Act to claim permanent alimony during the pendency of the appeals? 2. Whether the Hindu Marriage Act is a complete code which codifies all the rights, liabilities and obligations arising from a matrimonial tie?

Ratio Decidendi: Section 25 of the Hindu Marriage Act empowers the Court to award permanent alimony and maintenance to the spouse. The application under Section 25 can be filed either at the time of passing of the decree or at any time subsequent thereto.

Final Decision: Let all the parties file their affidavits of assets, income and expenditure from the date of the marriage upto this date within two weeks. The affidavits shall contain all the particulars mentioned in para 7 and shall be accompanied with documents mentioned in para 8 of Puneet Kaur v. Inderjit Singh Sawhney, 183 (2011) DLT 403=III (2011) DMC 487. The affidavit shall also contain particulars of properties mentioned in Section 27 of the Hindu Marriage Act. The response to the affidavits be filed within a period of two weeks thereafter.

1. In all these appeals, the decree of divorce granted by the learned Trial Court to husband is under challenge by the wife. During the pendency of the appeals, the appellants are seeking to invoke Section 25 of the Hindu Marriage Act to claim permanent alimony. In MAT. APR 35/2010, FAO 369/1996, MAT. APR 47/2005, 33/2010, 8/2013 and FAO 297/1997, the appellants have filed application under Section 25 of the Hindu Marriage Act. Let the reply to the said applications be filed within four weeks. In MAT. APP. 64/2007, 124/2010 and 36/2012, the appellants seek two weeks time to file the application under Section 25 of the Hindu Marriage Act.

2. Let all the parties file their affidavits of assets, income and expenditure from the date of the marriage upto this date within two weeks. The affidavits shall contain all the particulars mentioned in para 7 and shall be accompanied with documents mentioned in para 8 of Puneet Kaur v. Inderjit Singh Sawhney, 183 (2011) DLT 403=III (2011) DMC 487. The affidavit shall also contain particulars of properties mentioned in Section 27 of the Hindu Marriage Act. The response to the affidavits be filed within a period of two weeks thereafter.

3. The Hindu Marriage Act is a complete code which codifies all the rights, liabilities and obligations arising from a matrimonial tie. Section 25 of the Hindu Marriage Act, 1955 provides a very important right of permanent alimony and maintenance to the wife which can be invoked either at the time of passing of the decree by the Trial Court or at any time subsequent thereto. Section 21-B of Hindu Marriage Act provides for an expeditious trial to be concluded within a period of six months, However, the disposal of petitions before the Trial Courts take many years. The main reason for such delay is that the decision on the application for maintenance under Section 24 itself takes more than a year whereas proviso to Section 24 provides that the application should be disposed of within 60 days. This is a matter of serious concern. Considering the importance of Sections 21-B, 23-A and 24 to 27 of the Hindu Marriage Act, this Court appointed the amici curiae who have given valuable suggestions.

4. In Pratibha Rani v. Suraj Kumar, I (1985) DMC 308 (SC)=(1985) 2 SCC 370, Fazal Ali, J. made the following remarks while dealing with the rights of a women in a matrimonial dispute:

“Sometimes the law which is meant to impart justice and fair play to the citizens or people of the country is so torn and twisted by a morbid interpretative process that instead of giving haven to the disappointed and dejected litigants it negatives their well established rights in law. The present case reveals the sad story of a helpless married woman who, having been turned out by her husband without returning her ornaments, money and clothes despite repeated demands, and dishonestly misappro­priating the same, seems to have got some relief by the Court of the first instance but to her utter dismay and disappointment when she moved the High Court she was forced like a dumb—driven cattle to seek the dilatory remedy of a civil suit — such was the strange and harsh approach of the High Court, with due respect, which seems to have shed all the norms of justice and fair play. Even so, the High Court is not much to be blamed because in the process of following precedents or decisions of doubtful validity of some Courts, it tried to follow suit....”

Relevant provisions

5. Sections 21 -B and 23-A of the Hindu Marriage Act, were added by Marriage Laws (Amendment) Act, 1976 with a view to expedite the trial under the Hindu Marriage Act. Section 21-B requires the trial to continue from day to day until its conclusion. The Trial Court has to record reasons if it finds necessary to adjourn the case beyond the following day. Section 21-B(3) further requires the trial to be concluded within a period of six months. Section 23-A permits the respondent to make a counter claim for any relief under the Act.

6. Section 2



























































































































































































































































































































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