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It is also noted that there can either be a separate written application claiming permanent alimony and maintenance under Section 25 of the Act or in the written statement or even by oral prayer ["Ghanshyam Baser vs Jyoti - Madhya Pradesh"].
The Guwahati High Court and other courts recognize that a formal separate application is not strictly necessary for claiming relief under Section 25, provided that the prayer is made either in the written statement or orally ["Mansi Bhavin Dharani VS Bhavin Jagdish Dharani - Current Civil Cases"], ["Ghanshyam Baser vs Jyoti - Madhya Pradesh"].
Analysis and Conclusion:Based on the authoritative judgments, including the Guwahati High Court's reference and the Madras High Court's detailed reasoning, a written prayer for alimony or maintenance under Section 25 of the Hindu Marriage Act 1955 does not require a separate formal application. Such a prayer, whether made orally or in the written statement, is sufficient to constitute an application under Section 25. Therefore, in the absence of a separate application, a prayer made during proceedings can still invoke the court's jurisdiction to grant relief under Section 25 ["Smrutimala Dash VS Chinmaya Panda - 2023 0 Supreme(Ori) 234"] ["Ghanshyam Baser vs Jyoti - Madhya Pradesh"] ["Mansi Bhavin Dharani VS Bhavin Jagdish Dharani - Current Civil Cases"].
In matrimonial disputes, securing financial support through permanent alimony and maintenance is crucial for many spouses, especially post-divorce. A common query arises: whether prayer in written statement constitute an application under section 25 of Hindu Marriage Act 1955 without separate application? With specific reference to the Guwahati High Court, this blog delves into the procedural nuances, drawing from key rulings and broader judicial interpretations. This analysis highlights the court's emphasis on substantive justice over rigid formalities, helping readers understand their options in family law matters. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
Section 25 empowers courts to order permanent alimony and maintenance to a spouse, either during pendency of proceedings or after a decree. The provision states: Either party to a marriage... may apply to the court for an order for the payment of maintenance and the court may, on such application, order the other party to pay maintenance. Crucially, it does not mandate a strict form for the application, allowing flexibility.
This openness is central to Guwahati High Court rulings, which prioritize a spouse's right to support over procedural hurdles. Courts generally interpret Section 25 to permit claims at any stage, underscoring its protective intent. Smrutimala Dash VS Chinmaya Panda - 2023 0 Supreme(Ori) 234
The Guwahati High Court has clarified that a written statement—typically a response to a divorce petition—does not automatically constitute an application under Section 25. Instead:
In key observations, the court noted: An oral application, supported by necessary evidence, is sufficient to invoke the court's jurisdiction for granting maintenance. Smrutimala Dash VS Chinmaya Panda - 2023 0 Supreme(Ori) 234 This reflects a pragmatic approach, ensuring procedural technicalities do not defeat substantive rights.
Guwahati High Court rulings emphasize that formality is secondary. Key points include:
This aligns with broader precedents. For instance, another ruling holds: 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 itself. Vijayashree VS Nishant Arvind Kale - 2021 Supreme(Bom) 154 The court remanded a case for reconsideration of an oral prayer overlooked in mutual consent divorce proceedings.
A pivotal insight from Guwahati HC is that failing to include a maintenance prayer in original pleadings does not preclude later applications. The court has held:
Supporting this, if no Section 25 application was filed during pending proceedings, a party remains at liberty to file an application under Section 25 Hindu Marriage Act, 1955 after the decree. Smt. Swati Sen vs Vivek Sen - 2025 Supreme(Online)(MP) 10055
In a related context, courts have affirmed post-decree claims: A divorcee spouse can claim permanent alimony even after the decree is passed, with oral applications recognized to avoid miscarriage of justice. Vijayashree D/o Ganesh Ingle, Erstwhile Vijayshree W/o Nishant Kale vs Dr. Nishant Arvind Kale
While focusing on Guwahati HC, parallel cases from other jurisdictions echo this liberality:
However, caveats exist. In void marriage cases, maintenance under Section 25 may not apply if no valid marital tie exists, and no separate application was made. Sarnam Singh Lekhpal Chakbandi VS Preetam Kumari - 2023 Supreme(All) 177
These rulings collectively stress: The 'application' as referred to in Section 25 of the Act implies any application either in writing or oral for the prayer of permanent alimony and maintenance. Vijayashree VS Nishant Arvind Kale - 2021 Supreme(Bom) 154
For parties in Assam or under Guwahati HC jurisdiction:
This flexibility ensures spouses, particularly dependent wives, aren't left destitute due to oversights.
The Guwahati High Court's rulings on Section 25 exemplify a spouse-friendly approach, treating maintenance as a fundamental right not shackled by form. Whether through a dedicated application or oral plea, courts aim to provide fair support. If navigating divorce or alimony in India, understanding these principles can guide your steps. For personalized guidance, reach out to a family law expert. Stay informed, and prioritize your rights in matrimonial matters.
Sources: This post references judicial documents including Smrutimala Dash VS Chinmaya Panda - 2023 0 Supreme(Ori) 234, Vijayashree VS Nishant Arvind Kale - 2021 Supreme(Bom) 154, Smt. Swati Sen vs Vivek Sen - 2025 Supreme(Online)(MP) 10055, Vijayashree D/o Ganesh Ingle, Erstwhile Vijayshree W/o Nishant Kale vs Dr. Nishant Arvind Kale, Satyavathi Devi Velidanda Daughter Of Suryanarayana Yamujala Wife Of Srinivas Velidanda VS Srinivas Velidanda Son Of Rama Krishna Rao Velidanda - 2020 Supreme(Kar) 1531, Ankit Suman vs State of U.P. - 2025 Supreme(All) 2993, Sarnam Singh Lekhpal Chakbandi VS Preetam Kumari - 2023 Supreme(All) 177, Vijay Kumari VS Ashwani Kumar - 2021 Supreme(J&K) 334.
#HMASection25, #GuwahatiHighCourt, #FamilyLawIndia
Learned counsel for the Respondent also placed reliance on Section 25 of the Hindu Marriage Act, 1955 as far as keeping pending prayer clauses (b) and (c) by the Family Court and vehemently urged that the prayer for permanent alimony and maintenance can be passed by the Family Court even after passing ... Even though there were serious allegations of cruelty under Section 13(1)(ia) of Hindu #HL_ST....
ia) of Hindu Marriage Act, 1955 and also passed an order under Section 25 of Hindu Marriage Act, 1955. ... Mandsaur, under Section 25 of the Hindu Marriage Act, 1955. ... Therefore, it will have to be seen whether a prayer has been made by such spouse any way in the written statement or by #....
PERMANENT ALIMONY - Dissolution of Marriage - Hindu Marriage Act, 1955 - Section 25 - The court discussed ... Section 25 of the Hindu Marriage Act, 1955, which allows for the granting of permanent alimony and maintenance at any time upon ... Ratio Decidendi: The court established that Section 25 of the Hindu Marriage Act permits claims for permanent ... The Madras High Court in the case of Umarani Vs. D. Vivekannandan, reported in 2000 SCC Online Ma....
25 of the Hindu Marriage Act, 1955. ... If application under Section 25 has not been filed in pending proceeding then after passing of judgment and decree, a party is at liberty to file an application under Section 25 Hindu Marriage Act, 1955. ... Respondent with malafide intention had filed petition under Section 9 of Hindu #....
Section 24 of the HINDU MARRIAGE ACT , 1955. ... Savita Ramesh Jadwani , MANU/MH/0322/1985] this Court was dealing with the question as to whether pending the application under Rule 13 of Order 9 the wife could maintain an application under section 24 of the HINDU MARRIAGE ACT .
Permanent Alimony - Hindu Marriage Act - Section 25 - 25(1), 25(2), 25(3) Fact of the Case: The appellant-wife appealed ... the dismissal of her prayer for permanent alimony under Section 25 of the Hindu Marriage Act, 1955, after the Court of Civil Judge ... Issues: Failure to consider the appellant's prayer for permanent alimony under Section 25 of the Hindu Marriage Act, 1955. ... in the written statement or even by oral prayer.....
(A) Hindu Marriage Act, 1955 - Section 25 - Permanent alimony and maintenance - Court must consider financial status of both parties ... in the written statement or even by oral prayer.” ... It is further held that grant of permanent alimony and maintenance under Section 25 of the Act is sine-qua-non if the prayer made in that regard whether in writing or orally and there can either be a separate ....
Hindu Marriage Act, 1955 - Section 25, (2), (3), 13-B - Family Courts Act, 1984 - Section 19(1) - Maintenance ... Now this Court has determine (I) whether petitioner/decree holder maliciously and falsely succeeded to get the relief u/s 25 of Hindu Marriage Act, 1955? ... (II) Whether respondent/judgment debtor has been able to prove that petitioner fraudulently succeeded to get a decree u/s 25 of Hindu#H....
under Section 25 of the Act or in the of the application under Section 25 also. ... application under Section 25 of the Hindu Marriage Act, 1955 and permanent alimony and maintenance held that the word ‘application’ as referred to in Section 25 of the under Section 25 of the ....
occasion to grant maintenance under Section 25 of Hindu Marriage Act in favour of respondent coupled with fact that there was no ... application under Section 25 of Hindu Marriage Act, 1955 in civil appeal by respondent-wife - In view of finding of fact recorded ... by trial court declaring marriage as void and ineffective, grant of maintenance under Section 25 of Hindu Marriage Act in favour ... The perusal of the lower court record reveals that there was no #HL_STAR....
On 06.10.2018, the respondent discovered that the petitioner and their daughter were not in the house and that having contacted the petitioner; she refused to return to Guwahati and took the minor daughter with her. The said proceeding was registered and numbered as F.C.(Civil) Case No.1112/2018. Vide an ex-parte judgment and decree dated 30.07.2019, the trial court allowed the Section 9 application for restitution of conjugal rights. At this stage, it may be relevant herein to mention that the respondent thereupon filed an application under Section 9 of the Hindu Marriage Act, 195....
The said application has been rejected by the learned single Judge by the order impugned dated 27.07.2020 holding that as the permanent alimony was fixed with the consent of the parties, the same is not liable to be modified and that the provisions of Section 31 (2) of the Jammu and Kashmir Hindu Marriage Act, 1980 would not come in operation as the same are applicable only when the permanent alimony is fixed on merits. In other words, the application was rejected on the ground that it is not maintainable against the consent order. 6. The application was rejected as not maintainable as the d....
The Family Court has rejected the application [I.A. NO.9] on the ground that amendment of pleadings under Order VI Rule 17 of CPC cannot be typically allowed after commencement of trial unless it is shown to the Court s satisfaction that the party seeking amendment of the pleadings could not place such contentions on record earlier despite due diligence, and in the present case, the petitioner has not made out any ground to justify the amendment after commencement of the trial. 2. The Family Court by the impugned order dated 17.1.2020 has rejected the petitioner s application [I.A. NO.9] und....
Learned counsel for the petitioner raises a serious discontent to the maintenance being paid from 7th September 2017 and he would submit that the application on which the order has been passed has been filed on 6th June 2014. The said application being an application under Section 24 of the Hindu Marriage Act, 1955 in the proceedings for divorce in Petition No. A-30/2014 initiated by the husband seeking dissolution of the marriage solemnized in the year 1999.
Both the parties jointly filed an application with the prayer that the proceedings in the present cases may be converted into one under Section 13-B of the Hindu Marriage Act, 1955. Since they have been living separately for last seven years, the waiting period of one year of the first motion referable to Section 13B(1) of the Hindu Marriage Act, 1955 stands completed and prayer is made that the second motion of six months under Section 13B(2) may be waived in the facts of the present case. The contents of the joint application are as follows:- 3. These have appeals remaine....
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