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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Ritu Sharma – Appellant
Versus
Rakesh Sharma – Respondent
ORDER :
This appeal is directed against the judgment dated 07.01.2023 passed by the Family Court, Rajsamand, whereby the application filed by the appellant under section 25 of the HINDU MARRIAGE ACT , 1955 ('the Act'), has been rejected.
2. The application was filed by the appellant with the submissions that the respondent - husband of the appellant had filed an application under Section 13 of the Act seeking dissolution of marriage at Family Court, Udaipur on 15.01.2015, which came to be transferred to Family Court, Rajsamand.
3. In the said petition, the appellant filed a counter claim and sought restitution of conjugal rights under Section 9 of the Act. The petition filed by the respondent was decided on 12.04.2017, wherein the petition seeking dissolution of marriage was dismissed and the application filed by the appellant seeking restitution of conjugal rights was allowed.
4. It was, inter-alia, claimed that the appellant was married to the respondent, they have a son Harshal and the appellant is living at her parental home at Kankroli since March, 2012. It was further indicated that despite the decree passed by the Family Court under Section 9 of the Act on 12.04.2017,
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.
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.
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....
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.
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....
Courts are expected to act promptly in proceedings related to maintenance pendent-lite, and unjustifiable delays should be rectified by directing expeditious resolution of the main petition.
The court reaffirmed that a wife can seek maintenance under different statutes post-divorce, with the requirement to disclose previous maintenance orders for equitable adjustments.
(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 unchastity of the wife can only be considered while varying, modifying, or rescinding an order passed under Section 25(1) of the Hindu Marriage Act, 1955, and specific and cogent evidence is requ....
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