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ILESH J. VORA
UMARSHI KAYABHAI CHANDE – Appellant
Versus
VANITABEN UMARSHI CHANDE – Respondent
| Table of Content |
|---|
| 1. case background and parties involved. (Para 1 , 2) |
| 2. arguments related to permanent alimony. (Para 3 , 5 , 6 , 10) |
| 3. court observations on the lower court decisions. (Para 4 , 7 , 9) |
| 4. counterclaims for alimony permissible even without main decree. (Para 8) |
| 5. interpretation of sections 23a and 25 of the act. (Para 11 , 12) |
| 6. final dismissal of the second appeal. (Para 13) |
JUDGMENT :
(Ilesh J. Vora, J.)
1. This second appeal under Section 100 of the CIVIL PROCEDURE CODE has been filed against the judgment and decree dated 28.08.2009 passed by the Additional District Judge at Kachchh-Bhuj in Regular Civil Appeal No.13 of 2008, arising out of the judgment and decree dated 31.08.2007 passed by the Civil Judge, Bhuj in Hindu Marriage Petition No.27 of 2003.
2. The appellant and the respondent are husband and wife. The appellant-husband has lost his case from both the Courts below. The appellant by invoking Section 9 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the “Act” for the sake of brevity), filed a suit for restitution of conjugal rights. The said suit was resisted by the respondent-wife. By way of counter claim, the wife claimed maintenance under
Permanent alimony can be awarded even if the main suit lacks a decree, as courts have jurisdiction to grant maintenance based on counterclaims in spousal disputes.
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.
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....
(1) Alimony – A spouse whose marriage has been declared void under Section 11 of Hindu Marriage Act, 1955 is entitled to seek permanent alimony or maintenance from other spouse by invoking Section 25....
The Court upheld the principle that maintenance pendente lite may be granted based on a comparative assessment of both parties' incomes under Section 24 of the Hindu Marriage Act.
The jurisdiction under S.25(2) can be exercised to enhance maintenance despite initial settlement agreements when circumstances change.
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....
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