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BOMBAY HIGH COURT
PUSHPA V. GANEDIWALA, J
Vijayashree D/o Ganesh Ingle, Erstwhile Vijayshree W/o Nishant Kale – Appellant
Versus
Dr. Nishant Arvind Kale – Respondent
| Table of Content |
|---|
| 1. the appeal arises from claims for permanent alimony after divorce. (Para 2 , 3 , 5 , 6 , 7) |
| 2. hearing of the appeal regarding issues of permanent alimony. (Para 4) |
| 3. court considers if oral applications suffice under section 25 of the act. (Para 8 , 11 , 13) |
| 4. discussion on oral application and circumstances for alimony. (Para 12) |
| 5. judicial discretion emphasized over technical adherence in alimony claims. (Para 18 , 20 , 22) |
| 6. final decision to remand for consideration of alimony. (Para 23 , 24) |
2. This appeal challenges the judgment and decree in R.C.A. No. 33/2018 dated 07/12/2018 passed by the Ad-hoc District Judge-1, Khamgaon, Dist. Buldhana which dismissed the appeal and confirmed the judgment and decree dated 20/12/2017 in H.M.P. No. 78/2017, passed the Court of Civil Judge, Senior Division, Khamgaon which failed to consider the prayer for permanent alimony of the appellant-wife while decreeing divorce by mutual consent.
3. This Court admitted the appeal on the following substantial questions of law :
(i) Whether it is necessary for the wife to file application in writing to grant permanent alimony under Section 25 of the Hindu Marriage Act, 1955 ?
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