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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Vibha Singh @ Bebi Kumari Singh D/o Shri Bacha Singh – Appellant
Versus
Dilip Kumar Singh S/o Shri Baijnath Singh – Respondent
ORDER :
1. Original Suit No. 30 of 2003/Matrimonial Title Suit No. 30 of 2003 (hereinafter referred to as Original Suit No. 30 of 2003) filed by Smt. Vibha Singh @ Bebi Kumari Singh who was the wife of Dilip Kumar Singh has been decreed vide judgment dated 07th March 2006 and the marriage solemnised between them on 19th May 1995 was dissolved with a direction to Dilip Kumar Singh to pay a sum of Rs. 1,000/- per month to Smt. Vibha Singh from the date of the decree in Original Suit No. 30 of 2003.
2. The appellant filed an execution case vide Miscellaneous Execution Case No. 3 of 2006 in Original Suit No. 30 of 2003 for compliance of payment of Rs. 1,000/- per month. About eleven years thereafter, an application under section 25(2) and (3) of the Hindu Marriage Act, 1955 (in short HM Act) was filed by Dilip Kumar Singh on the ground that his wife had been living an adulterous life in respect of which a finding was recorded in Maintenance Case No. 63 of 1997, however, that was suppressed by her, or, not considered by the Principal Judge, Family Court, Ranchi while granting maintenance and decreeing the divorce suit.
3. The aforesaid application under section 25(2) and (3) of the HM Act
Section 25 of Hindu Marriage Act is as permanent alimony and maintenance.
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 provisions of Section 24 and Section 25 of the Hindu Marriage Act, 1955, enable a spouse to claim maintenance pendente lite and permanent alimony and maintenance, and these provisions are applica....
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