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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M.A.CHOWDHARY
Suresh Bhat, S/o. Shri Tej Krishan Bhat – Appellant
Versus
Veena Bhat, W/o. Shri Suresh Bhat – Respondent
ORDER :
M.A. CHOWDHARY, J.
1. The appellant, through the medium of this appeal, seeks quashment of Judgment dated 11.05.2010 passed by the court of ld. Additional District Judge (Matrimonial Cases), Jammu (hereinafter called ‘Trial Court’) in case No.236/HMA titled Veena Bhat V/S Suresh Bhat, divorce petition, with a further prayer to reject the claim of the respondent, for grant of permanent alimony.
2. By virtue of the impugned judgment dated 11.05.2010, the ld. Trial Court dissolved the marriage between the appellant and the respondent and awarded Rs. 6,00,000/- as permanent alimony amount in favour of the respondent herein, which was to be paid by the appellant herein within a period of three months from the date of order. Aggrieved of the impugned judgment, the appellant has approached this court by way of filing this appeal seeking the reliefs supra.
3. This court vide order dated 15.10.2010, while issuing notice to the respondent, stayed the impugned judgment so far it relates to permanent alimony of Rs. 6.00 lac.
4. Brief facts which led to the filing of this appeal, are that a petition under Section 13 of J&K Hindu Marriage Act 1980 came to be filed by the respondent- wife, for
Permanent alimony decisions must be based on a comprehensive analysis of financial circumstances, marriage duration, and standards of living, not merely awarded without justified reasoning.
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 wide scope of section 25 of the Hindu Marriage Act, 1955 enables the court to award maintenance at the time of passing any decree, ensuring financial support for a dependent spouse.
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.
The court emphasized the necessity of considering financial status and reasonable needs when determining permanent alimony, referencing established criteria from prior judgments.
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 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....
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....
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