AI Overview...
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Permanent Alimony - It is primarily a measure of social justice rather than an instrument for financial enrichment or equalization between capable individuals. The law mandates that the applicant must demonstrate a genuine need for financial support, emphasizing the importance of actual necessity over mere entitlement XX vs YY - Delhi.
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Legal Considerations - When determining permanent alimony, courts consider various factors including the financial capacity and lifestyle of the husband, which can be evidenced through financial documents such as bank records, credit cards, and transaction details. The production of call detail records (CDRs) and other financial evidence can be crucial in assessing the husband's financial status and lifestyle, especially in cases involving allegations of adultery and the need for alimony Tanvi Chaturvedi vs Smita Shrivastava - Delhi.
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Judicial Principles - The courts uphold the importance of natural justice and statutory provisions, allowing parties to produce relevant evidence to establish their claims regarding financial capacity and need. The guiding principles involve a careful evaluation of the applicant's genuine need and the respondent's ability to pay, ensuring that alimony is awarded fairly and justly XX vs YY - Delhi, Tanvi Chaturvedi vs Smita Shrivastava - Delhi.
Analysis and Conclusion:
Harish Vaidyanathan Shankar J. emphasizes that permanent alimony is rooted in social justice, requiring the applicant to prove genuine financial need. The court considers comprehensive financial evidence, including lifestyle and capacity indicators, to determine appropriate alimony. The legal framework prioritizes fairness, ensuring that alimony serves as support for genuine needs rather than enrichment, guided by principles of natural justice and statutory provisions.
Search Results for "Harish Vaidyanathan Shankar Justice Judgement on Permanent Alimony"
2025 Supreme(Online)(Del) 7464 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
HARISH VAIDYANATHAN SHANKAR J. 1. The present appeal, is filed under a href="./.. ... It is a settled principle that permanent alimony is intended as a measure of social justice and not as a tool for enrichment or equalizing the financial status of two capable individuals. The law requires that the applicant demonstrate a genuine need for financial assistance. ... Anju Jain17, while considering the aspect of permanent alimony, laid down guiding princ....
2025 0 Supreme(Del) 395 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
implead alleged paramour as a party and allow production of call detail records (CDRs) upheld, affirming statutory and natural justice ... The Wife urged that these documents are necessary not only for proving adultery under Section 13(1)(i) of the HMA, 1955 but also for determining permanent alimony under Section 25 of the HMA, as they reveal the Husband's lifestyle and financial capacity. ... As regards financial documents (bank accounts, credit cards, UPI transactions, demat and ESOP records), it was submitted that these are wholly pre....
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