Permanent alimony cannot be granted without a written application as mandated by Section 25 of the Hindu Marriage Act, 1955.

Present appeal filed by appellant/husband assails impugned judgment and decree dated 17.01.2023 passed in HMA Case No.100039/2016 by 5th District Judge, District Rewa (M.P.) by which decree of divorce has been passed in favour of appellant/husband and an amount of Rs.5,00,000/- has been directed to be awarded to respondent/wife as permanent alimony.

2. The extent of challenge in the present appeal is only to the direction as regards permanent alimony.

3. The ground raised in support of challenge inter alia is that without a written application submitted by wife in regard to permanent alimony as mandated by Section 25 of Hindu Marriage Act, 1955 (for brevity "Act of 1955"), learned Trial Judge could not have granted permanent alimony of Rs.5,00,000/- merely on oral prayer of wife.

4. This Court may not enter into prolixity of adjudicating aforesaid issue since the same stands settled by decision of Coordinate Bench of this Court in Abhishek Parashar vs. Neha Parashar 2023 SCC Online MP 277, relevant portion of which is reproduced below :-

"46. We also find substance in the argument of Shri Shroti based on the judgment of Supreme Court in the case of State of Bihar v. Kalika Kuer, 2003 5 SCC 448 wherein it was held that if previous binding judgment is not considered by the subsequent Bench, the judgment of subsequent Bench is per incuriam. Thus, it can be safely held that in absence of application preferred under Section 25 of H.M. Act, no directions can be issued by this Court for grant of permanent alimony. Apart from this, for deciding the aspect of permanent alimony various factual aspects regarding income, expenditure etc. of the parties are required to be taken into account by the Court. In Rajnesh Vs. Neha & Another (2021) 2 SCC 324, the Apex Court held as under :

“73. Parties may lead oral and documentary evidence with respect to income, expenditure,standard of living, etc. before the court concerned, for fixing the permanent alimony payable to the spouse.”

5. In view of aforesaid, the issue raised and involved herein is no more res integra.

6. It is not disputed at the Bar by learned counsel for rival parties that grant of permanent alimony was based on oral submission of wife and there was no application made u/S.25 of Act of 1955 in that regard.

7. In view of above, this Court solely on the aforesaid ground allows this appeal to the following extent:-

(i) Impugned judgment and decree dated 17.01.2023 passed in HMA Case No.100039/2016 by 5th District Judge, District Rewa (M.P.) is set aside to the extent it directs for grant of permanent alimony of Rs.5,00,000/- in Para 36(2) of impugned judgment and decree;

(ii) Remaining part of impugned judgment and decree contained in Para 36(1), 36(3) and 36(4) shall remain intact;

(iii) This case is remanded back to the Trial Court concerned for obtaining an application from the wife. It is directed that in case wife moves an application for permanent alimony in writing, then the same be taken on record and response on affidavit of the husband be requisitioned whereafter issue of permanent alimony be decided as expeditiously as possible preferably within a period of three months; and (iv) Parties are directed to appear before Trial Court concerned either personally or through their counsel on 18.04.2024 as agreed to by learned counsel for rival parties.

8. Accordingly, present First Appeal stands allowed to the following extent.

9. Registry is directed to return record of Trial Court for compliance.