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CHANDRA KUMAR RAI
Sarnam Singh Lekhpal Chakbandi – Appellant
Versus
Preetam Kumari – Respondent
JUDGMENT :
(Chandra Kumar Rai, J.)
1. Heard Mr. Manoj Kumar Sharma and Smt. Krishna Singh, learned counsel for the appellant and Mr. Manoj Kumar Gupta, Advocate, holding brief of Mr. Mahesh Narain Singh, learned counsel for defendant-respondent no.1.
2. The instant second appeal has been filed against the part of the judgment and decree dated 17.10.2015, by which the permanent alimony has been granted to defendant/respondent no.1 (Preetam Kumari) against plaintiff-appellant (Sarnam Singh) in Civil Appeal No. 44/2010 and Civil Appeal No.45/2010, decided by a common judgment arising out of Original Suit No.257/1997.
3. Original Suit No.257/1997 has been filed by plaintiff-appellant (Sarnam Singh) for declaring the marriage as void and ineffective. Original Suit No.213 of 2003 was filed under Section 9 of the Hindu Marriage Act by defendant respondent no.1 (Preetam Kumari) for restitution of conjugal rights.
4. Plaint case of O.S. No.257 of 1997 in brief is that talk of marriage between the
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.
(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 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....
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 jurisdiction under S.25(2) can be exercised to enhance maintenance despite initial settlement agreements when circumstances change.
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
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