D. DASH
Prasanta Devi Padhi – Appellant
Versus
Asish Kumar Padhi – Respondent
JUDGMENT
D. Dash, J.—The Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’), has assailed the judgment and decree passed by the learned Additional District Judge, Titilagarh, Bolangir, in R.F.A. No.21 of 2015.
The Respondent (husband) as the Petitioner had filed an application under section 13 of the Hindu Marriage Act, 1955 (for short, ‘the H.M Act’) arraigning the Appellant (wife) as the Respondent therein, praying for a decree for dissolution of their marriage. The said application stood numbered as C. S. No.32 of 2011 in the Court of Civil Judge, Senior Division, Titilagarh. The Trial Court decreed the suit and in dissolving the marriage between the parties directed the Respondent (husband) to pay a sum of Rs.7,00,000/- to the Appellant (wife) as permanent alimony. The Respondent (husband) being aggrieved by the said judgment and decree passed in the suit, carried an Appeal under section 28 the H.M Act. The First Appellate Court in that Appeal filed by the Respondent (husband) challenging the grant of permanent alimony to the Appellant (wife) has set aside the said order of the Trial Court as to the direction for payment of
Permanent alimony – A divorced wife is not required to file a separate application for grant of permanent alimony.
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 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 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 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....
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....
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....
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