AI Overview...
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Permanent Alimony Awarded - Rs. 4 lakh granted to the wife despite her appeal; the appeal was found to lack merit, and the court upheld the divorce decree, including findings of cruelty against the wife. The court noted that no separate application for permanent alimony was filed but still awarded Rs. 4 lakh Dharshana VS Mahabir Singh - Punjab and Haryana.
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Entitlement to Alimony - Courts have varied decisions on alimony; some awarded Rs. 2,500/month from January 1980, while others granted Rs. 60/month or Rs. 10 lakh as permanent alimony based on the circumstances, including partnership deeds and affidavits Khorshed Behram Rustomjee VS Behram Nowrojee Rustomjee - Bombay, Crump VS Crump - Calcutta, Mita Dutta Ray VS Priti Gopal Dutta Roy - Calcutta.
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Permanent Alimony under Hindu Marriage Act - The court awarded Rs. 10 lakh as permanent alimony, with the wife accepting the divorce upon payment. The amount was directed to be paid by the husband, emphasizing the importance of appropriate financial settlement Mita Dutta Ray VS Priti Gopal Dutta Roy - Calcutta.
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Rejection of Permanent Alimony - The court denied permanent alimony to a wife who re-married and was not chaste, indicating that remarriage can disqualify entitlement to permanent alimony. The court also highlighted procedural issues, such as the return of marriage articles SUNITA SINGH VS RAJ BAHADUR SINGH - Allahabad.
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Court-Ordered Payments and Court’s Role - In some cases, the husband was ordered to pay Rs. 30,000 or Rs. 5 lakh as permanent alimony, with some amounts already paid or deposited with the court. The courts emphasized assessing the husband's income and financial position before finalizing alimony AMARENDRANATH SANYAL VS KRISHNA SANNYAL - Calcutta, YALLAMILLI RAM BABU vs YALLAMILLI BHAGYA SUNEETHA - Andhra Pradesh.
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Remand for Financial Assessment - Several cases involved remanding the matter back to the trial court to evaluate the financial status of both parties before determining the appropriate amount of permanent alimony, underscoring the importance of financial assessment in such cases ARTI VS VIVEK SHARMA - Uttarakhand.
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Factors Influencing Alimony Decisions - The court considers the parties' status, reasonable needs, independent income, and property when awarding permanent alimony under Section 25 of the Hindu Marriage Act. These factors are crucial in ensuring fair and justified alimony awards T. Sadananda Pai VS Sujatha S Pai - Current Civil Cases, T. Sadananda Pai VS Mrs. sujatha S Pai - Karnataka.
Analysis and Conclusion:
The case law reflects a broad spectrum of decisions regarding permanent alimony, influenced by factors such as the wife’s remarriage, her conduct, the husband's financial capacity, and procedural considerations. Courts tend to award substantial sums (e.g., Rs. 4 lakh, Rs. 10 lakh) when justified, but may deny alimony if legal conditions (like remarriage) are not met. The emphasis remains on a fair assessment of both parties' financial circumstances, often requiring remand for detailed evaluation.
Search Results for "Alimony to Wife 4"
2023 0 Supreme(P&H) 3280 • India - Punjab and Haryana
RITU BAHRI, MANISHA BATRA
- Permanent alimony of Rs.4 lacs awarded to wife despite appeal - No merit found in wife's appeal against divorce decree. ... instances of cruelty - Court upheld lower court's findings of cruelty based on husband's evidence and lack of substantial defense by wife ... Before concluding, it will be proper to deal with one argument raised by learned counsel for the appellant-wife that some permanent alimony be granted to her. No separate application seeking permanent alimony#HL_....
1980 0 Supreme(Bom) 104 • India - Bombay
R.L.AGARWAL
Whether the wife was entitled to alimony and maintenance? 4. Whether the wife was entitled to the custody of the children? 5. ... The Court held that the wife was entitled to alimony and maintenance at the rate of Rs. 2,500 per month from January 1980 onwards ... Final Decision: The Court allowed the petition in part and directed the husband to pay alimony and maintenance to the wife ... He submits that he is voluntarily giving much more than what t....
1869 0 Supreme(Cal) 291 • India - Calcutta
Alimony - Divorce - Sections 2, 3, 4 - The court granted alimony to the wife based on the partnership deed and affidavits, fixing ... Issues: Whether alimony should be granted to the wife and, if so, the appropriate amount. ... Final Decision: The court granted alimony to the wife in the amount of Rs. 60 per month. ... I think alimony must be granted, and I fix the amount at rupees 60 per mensem.
2012 0 Supreme(Cal) 500 • India - Calcutta
ASHIM KUMAR BANERJEE, SHUKLA KABIR SINHA
ALIMONY - PERMANENT ALIMONY - S. 25 HINDU MARRIAGE ACT, 1955 - COURT AWARDED RS. 10 LACS TO WIFE AS PERMANENT ALIMONY - COURT ... The wife agreed to accept the divorce upon payment of appropriate alimony. ... The husband was directed to pay Rs. 10 lacs to the wife as permanent alimony. ... The wife being the appellant ultimately expressed her willingness to accept such verdict upon payment of appropriate alimony. I....
1998 0 Supreme(All) 767 • India - Allahabad
B.K.ROY, R.K.MAHAJAN
4. Whether the wife was entitled to permanent alimony? Ratio Decidendi: 1. ... The court held that the wife was not entitled to permanent alimony as she had re-married and had not remained chaste. ... The court held that the wife was not entitled to permanent alimony as she had re-married and had not remained chaste. ... (f) The finding regarding permanent alimony is erroneous (g) The articles presented at the marriage should have been returned to th....
1992 0 Supreme(Cal) 214 • India - Calcutta
A.M.BHATTACHARJEE, S.K.GUIN
Whether permanent alimony should be granted to the wife, and if so, the amount and mode of payment? 4. ... The wife was granted permanent alimony of Rs. 30,000, and the husband was directed to return certain articles of furniture to the ... The court awarded a gross sum of Rs. 30,000 as permanent alimony to the wife, considering the husband's income and pensionary benefits ... Sinha, learned advocate for the respondent-wife has submitted that since t....
2024 Supreme(Online)(AP) 16945 • India - High Court of Andhra Pradesh
RAVI NATH TILHARI, CHALLA GUNARANJAN, JJ
to pay Rs.5 lakhs permanent alimony, with Rs.2 lakhs already paid and Rs.3 lakhs deposited with the court - Wife agreed to withdraw ... of permanent alimony. ... and the grant of permanent alimony. ... CMA.No.514 of 2023 has been filed by the husband challenging the same decree to the extent of grant of permanent alimony to the wife. 4. ... On 27.06.2024, a statement was made that the husband is ready to make the payment of permanent alimony awarded ....
2020 0 Supreme(UK) 530 • India - Uttarakhand
ALOK KUMAR VERMA, SUDHANSHU DHULIA
and make a reasoned determination regarding permanent alimony. ... right of permanent maintenance – Matter remanded back to the trial court to assess the financial position of the husband as well as wife ... (Paras 4 to 6) fgUnw fookg vf/kfu;e] 1955] /kkjk 25 ,oa 28 lifBr ikfjokfjd U;k; ... We therefore remand the matter back to the trial court, who shall hear the parties and assess the financial position of both the husband as well as the wife and thereafter make a reasoned determination as to the permanent a....
• India - Current Civil Cases
ALOK ARADHE, J.M.KHAZI
Hindu Marriage Act, 1955 – Section 25 – Permanent alimony – In determining issue pertaining to permanent ... alimony, status of parties, reasonable wants of spouse, independent income and property of claimant are relevant factors, which ... In the aforesaid proceeding, the appellant filed a petition seeking permanent alimony from his wife. 4. The Family Court vide judgment dated 19.08.2015 dissolved the marriage by a decree of divorce. ... In determining the issue pertaining to permanent alim....
2022 0 Supreme(Kar) 620 • India - Karnataka
ALOK ARADHE, J. M. KHAZI
income, and property of the claimant in determining the issue of permanent alimony. ... Consequently, the court rejected the appellant's petition for permanent alimony under Section 25 of the Act. ... Alimony - Dissolution of Marriage - The court considered the status of the parties, reasonable wants of the spouse, independent ... In the aforesaid proceeding, the appellant filed a petition seeking permanent alimony from his wife. 4. The Family Court vide judgment dated 19.08.2015 disso....
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