Permanent alimony under Hindu Marriage Act Section 25 can be rescinded if the recipient is found not to have remained chaste, allowing courts broad discretion based on changing circumstances.

JUDGMENT

(Judgment of the Court was made by P.DHANABAL,J.)

The Civil Miscellaneous Appeal has been preferred as against the order dated 17.04.2025 passed by the III Additional Principal Family Court, Chennai in I.A. No.4 of 2023 in I.A. No.2648 of 2016 in O.P. No.84 of 2015 wherein the appellant herein has filed a petition before the Family Court for the relief of grant of divorce in O.P. No.84 of 2015 and the same was allowed and the marriage between the appellant and the respondent was dissolved. During the pendency of the above said original petition, a petition in I.A. No.2648 of 2016 under Section 25 of Hindu Marriage Act was filed by the respondent wife claiming permanent alimony and the same was allowed by granting permanent alimony to the tune of Rs.2.75 crores and directing the appellant to execute release deed in respect of an house property in Plot No.302, G.R. Maithri, Jogupalaya Main Road, Alsoor, Bangalore in favour of the respondent wife within 6 months.

2. Thereafter, the appellant herein preferred a Civil Miscellaneous Appeal in C.M.A. No.1500 of 2018 as against the order passed in I.A. No.2648 of 2016, wherein the Hon'ble Division Bench of this Court has partly allowed the petition and the permanent alimony granted by the Family Court of Rs.2.75 crores was reduced to Rs.1.28 crores and as far as the execution of release deed is concerned, the order was confirmed. Apart from that, the appellant was given liberty by the Hon'ble Division Bench of this Court, to move an appropriate application under Section 25 (3) of the Hindu Marriage Act , based on the subsequent events if any, so advised. Thereafter, the appellant herein, filed an application in I.A. No.4 of 2023 to set aside the order passed by the Family Court in I.A. No.2648 of 2016 in O.P. No.84 of 2015 dated 10.10.2017 granting permanent alimony in favour of the respondent wife and issue direction directing the release of his share in Bangalore flat as modified by Hon'ble Division Bench of this Court through an order in C.M.A. No.1500 of 2018 dated 31.10.2022 on the ground that the respondent was in live-in relationship with one Girish Nair subsequent to the divorce proceedings. The Family Court dismissed the petition.

3. Thereafter, the appellant preferred an appeal in C.M.A. No.928 of 2024 and the same was also dismissed. Thereafter, the appellant herein filed a Review Application in No.211 of 2024 and the same was allowed and the order passed by the Family Court was set aside and the matter was remanded back to the Family Court for adducing evidence. Thereafter, again the Family Court after analysing the evidences adduced on either side, dismissed the petition on the ground that once permanent alimony granted, the same cannot be set aside and the future maintenance alone can be set aside as per Section 25 (3) of the Hindu Marriage Act . Aggrieved by the said order, the present Civil Miscellaneous Appeal has been preferred by the appellant husband.

4. The learned Senior counsel appearing for the appellant husband would submit that the respondent was the wife of the appellant and the appellant filed a petition in O.P. No.84 of 2015 for grant of divorce and the same was allowed. During the above said proceedings, the respondent wife filed an application in I.A. No.2648 of 2016 for permanent alimony and the same was allowed by the Family Court by awarding a sum of Rs.2,75,00,000/- as permanent alimony and also directed the appellant to execute the release deed in favour of the respondent wife in respect of the property situated in Bangalore. Against which, the appellant filed a Civil Miscellaneous Appeal in C.M.A. No.1500 of 201