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S. A. DHARMADHIKARI, DEVNARAYAN MISHRA
Kuldeep Rai – Appellant
Versus
Rita – Respondent
JUDGEMENT
1. This first appeal under section 19 of the Family Courts Act, 1984 has been preferred by the appellant/husband, being partially aggrieved by the judgement and decree dated 14.12.2022 passed by the Principal Judge, Family Court, Ujjain in RCSHM No.512/2018, by which u/S 25 of the Hindu Marriage Act, appellant/husband has been directed to pay Rs.4.00 lacs to the respondent/wife as a permanent alimony.
2. In nutshell, the case of the appellant/husband before the trial Court was that the respondent/wife is his legal wedded wife and their marriage was solemnized on 5.7.2011, as per Hindu Rites and Rituals in Ujjain city. The respondent resided with the appellant for certain days and after that, she was making quarrel and on the ground of cruelty and desertion, appellant has filed a petition u/S 13 of the HMA for dissolution of marriage.
3. The respondent/wife has admitted the matrimonial relations but denied that she has treated her husband with cruelty or deserted her husband and pleaded that due to ill treatment of her husband, she is residing at her parents house.
4. After framing the issues, learned Family Court after trial passed the impugned judgement and decree by whic
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....
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 – A divorced wife is not required to file a separate application for grant of permanent alimony.
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 held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
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 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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