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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY, CHITTARANJAN DASH
Nurabati Barik – Appellant
Versus
Hemanta Barik – Respondent
| Table of Content |
|---|
| 1. wife's claim for permanent alimony post-divorce. (Para 3 , 4) |
| 2. rights to claim maintenance under multiple statutes. (Para 5 , 6) |
| 3. fixing maintenance amount based on income disclosure. (Para 7) |
| 4. final order for maintenance payment to wife. (Para 8) |
JUDGMENT :
1. Heard Mr. J.R. Deo, learned counsel for the Appellant-Wife.
3. Present appeal has been directed by the Wife against impugned judgment dated 27.12.2021 passed by learned Judge, Family Court, Sambalpur in C.P. Case No.26 of 2019.
5. It is well settled in law that, payment of maintenance under different statutes are at the choice of the party subject to adjustment of the amount of maintenance granted in any other proceeding. The maintenance application decided under one statute would not foreclose the claim for maintenance under another statute. If maintenance has been awarded under one of the statutes that by itself though would not preclude the claimant from raising claim for maintenance under a different statute, but the rider is that the claimant has to disclose all such facts in the subsequent proceeding, and in such case the court entertaining the prayer for maintenance in subsequent proceeding had to ad
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.
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....
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 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....
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....
A divorced wife cannot claim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956; her claim should be made under Section 25 of the Hindu Marriage Act, 1955.
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