Supreme Court: The court should grant permanent alimony enhancement at the rate of 5% every two years due to inflation

The Appellant-wife, who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future. Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount.

8. In our considered opinion, a sum of Rs. 50,000/- per month would be just, fair and reasonable to ensure financial stability for the Appellant-wife. This amount shall be subject to an enhancement of 5% every two years. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10209 of 2024 

Decided On: 29.05.2025

Rakhi  Vs. Raja 

Hon'ble Judges/Coram:

Vikram Nath and Sandeep Mehta, JJ.

Author: Vikram Nath, J.

Citation: 2025 INSC 789, MANU/SC/0793/2025

Print Page

Delhi HC: Balancing Substantive Justice with Proportionality and Privacy Protections in Spousal Financial Disclosure

 

 A balanced scale symbolizing justice weighing financial documents against privacy protection

 The judgment from the High Court of Delhi concerns a matrimonial dispute where the Wife sought dissolution of marriage on grounds including adultery and cruelty. One key aspect of the judgment relates to the production of the Husband’s financial documents during the litigation process.

Context

·       The Wife applied under Order XI Rule 14 of the Code of Civil Procedure (CPC), seeking production of various financial documents of the Husband.

·       These documents included credit card statements, UPI transaction records, demat account statements, paytm transactions, Amazon purchase records, ESOP details, and statements from multiple years.

·       The Wife argued these documents were necessary not only to substantiate adultery but also to assess the Husband’s financial capacity for determining permanent alimony under Section 25 of the Hindu Marriage Act (HMA), 1955.

Family Court’s Approach

·       The Family Court partially allowed the application, permitting production of financial documents at Serial Nos. (i) to (viii), (x), (xii), and (xiii), essentially covering relevant bank and credit card statements, investment records, and documents evidencing income and assets.

·       It rejected other requests, including WhatsApp, Microsoft Teams, Facebook Messenger chats, FASTag records, leave records, hotel bookings, and travel details, on the ground that they amounted to fishing and roving inquiries beyond the scope of pleadings.

Husband’s Contentions

·       The Husband contended that the application for financial documents was premature since alimony claims arise only after the divorce decree.

·       He also argued the documents sought were irrelevant to the current stage, overly broad, and an invasion of privacy.

·       He claimed compliance with disclosure rules as per Rajneesh v. Neha (2021) and emphasized professional confidentiality concerns.

·       He further asserted some documents were not under his control and that the Wife’s requests were a fishing expedition unsupported by specific pleadings.

The High Court’s Findings on Financial Documents

·       The Court recognized the wide but not unlimited scope of discovery under Order XI Rule 14, emphasizing that documents sought must be relevant to the matters in dispute.

·       It stressed the need for a practical and flexible approach rather than a blanket rejection of discovery applications on grounds of speculation.

·       The Court held that the Wife is entitled to documents specifically related to her legally wedded Husband and the allegations—documents tied to a particular person, period, and issue.

·       It found the Family Court’s partial allowance appropriate and reasoned, permitting production of documents directly pertinent to the Wife’s claims and rejecting those beyond the pleadings or unrelated to financial standing or maintenance claims.

·       The judgment emphasized balancing the Wife’s right to evidence with the need to protect the Husband from undue fishing, harassment, or intrusion into unrelated private matters.

·       The Court allowed production of the financial documents at Serial Nos. (i) to (viii), (x), (xii), and (xiii) in a manner proportional to the issues in dispute.

·       It concluded that allowing these financial disclosures does not constitute an abuse of the discovery process and is justified for a fair adjudication of claims.

Conclusion

The judgment confirms that in matrimonial disputes:

·       Courts can order production of financial documents relevant to alimony, maintenance, and proving adultery.

·       Discovery must be specific, relevant, and proportionate to the pleaded issues.

·       Courts will reject irrelevant, speculative, or overly intrusive disclosure applications to protect privacy.

·       The court exercises a balanced discretion to ensure fair access to necessary evidence while preventing fishing expeditions.

·       The Husband was directed to produce the specified financial records to facilitate effective legal proceedings, subject to confidentiality safeguards.

This decision affirms the principle that evidence production in matrimonial cases must support substantive justice without violating proportionality and privacy protections.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

 MAT.APP.(F.C.) 251/2025 and CM APPL. 50033/2025

MS. TANVI CHATURVEDI Vs MS. SMITA SHRIVASTAVA & ANR.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

Author: ANIL KSHETARPAL, J.

Judgment pronounced on: 29.08.2025.

Citation: 2025 DHC 7474 DB.

Print Page

Important judgments on permanent Alimony under S 25 of Hindu Marriage Act and Muslim law

 

1) Whether faithful mistress can be granted permanent alimony?

It is fundamental principle of law that in order to claim a relief from the Court of law, there must be a legal right based on a legal status. When the status of a woman as "wife" is not recognized by provisions of the Act, which confers the right for permanent alimony, she cannot be entertained for grant of relief in the absence of recognition of her status by the Act.

24. For the reasons discussed above, with due respect, it is held that the decisions of the Bombay High Court, upholding right of maintenance to "illegitimate wife" (or "faithful mistress") by liberal construction of word "wife" as contained in section 25 of HM Act, cannot be said to be a good law and are required to be overruled to that extent.

Bombay High Court

Bhausaheb @ Sandu S/O Raghuji ... vs Leelabai W/O Bhausaheb Magar on 7 July, 2003

Equivalent citations: AIR 2004 Bom 283, II (2004) DMC 321, 2003 (4) MhLj 1019

Bench: N Dabholkar, A Naik, N Patil.

https://www.lawweb.in/2012/02/permanent-alimony-under-hindu-marriage.html

Print Page

Whether a woman who has accepted alimony under Customary divorce is entitled to get maintenance under Domestic violence Act?

  As far as the ground of customary divorce and the

divorce granted to the respondent by a competent Court of

Law is concerned, the Law is well settled that the divorce

which has been granted under Hindu Marriage Act is only legal

and valid. Only in certain circumstances where the custom

exists and is observed continuously then the customary divorce

may be considered. For claiming any customary right, the

parties claiming such right are bound to prove that the customs

of their caste or race still exist and the community at large is

regularly observing such customs. Since the applicant

approached the Civil Court for divorce, it can safely be held

that the customary divorce was not in existence in their caste.

Therefore, the respondent cannot claim that after the

customary divorce, the domestic relationship ceased, and the

applicant is not entitled to the reliefs under D.V. Act. {Para 17}

18. As far as the effect of subsequent legal and valid divorce

is concerned, after or during the pendency of D.V. Act is

concerned, the said issue was dealt with by the Hon'ble Apex

Court in the case of V. D. Bhanot Vs. Savita Bhanot, (2012) 3

SCC 183, which was subsequently followed in the case of

Juveria Abdul (cited supra). The Hon'ble Supreme Court laid

down the Law that where an act of domestic violence is once

committed then subsequent decree of divorce will not absolved

the liability of the respondent from the offence committed or

deny the benefit to which the aggrieved person is entitled to.

19. The facts of the case, as discussed above, reveal that the

decree of divorce was passed by the competent Civil Court of

Law after filing the application under the D.V. Act would not

disentitle the aggrieved person to apply for the reliefs under

the said Act. In view of the Law laid down by the Hon'ble Apex

Court as regards the entitlement of the reliefs under D.V. Act to

the aggrieved person, there appears no force in the arguments

advanced by the learned counsel for the respondent that since

the applicant is divorced, she cannot claim the reliefs under

D.V. Act.

20. The last material point that the learned counsel for the

respondent raised was that since the lumpsum alimony was

accepted, the wife is not entitled to maintenance. To bolster his

argument, he relied on the case of Vitthal (cited supra). It was

a case under Section 125 of the Criminal Procedure, and this

Court observed in the said case that in view of the agreement

and acceptance of the lumpsum alimony, at least the said

document would have to be treated as a document indicating

mutual consent to live separately as contemplated by

provisions of Sub Section 4 of Section 125 of the Code of

Criminal Procedure, 1973. On the basis of this material, the

wife was refused maintenance under Section 125 of the Cr.P.C.

21. The Law is well settled that the person aggrieved may

take recourse under various Laws if the right exists. Since

maintenance is allowed under Section 125 of the Cr.P.C., the

Law does not bar the person entitled to claim the relief under

D.V. Act. Section 36 of D.V. Act provides that the D.V. Act is not

in derogation of any other law. It is an additional provision of

Law not affecting the other provisions of Law available for

similar relief. The inquiry under the D.V. Act is independent

and has an object to provide for more effective protection of

the rights of a woman who are victims of violence of any kind

occurring within the family and for matters connected

therewith or incidental thereto. Since the proceeding under

D.V. Act is independent, the ratio laid down in the case of

Vitthal (cited supra) would not assist the applicant.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL REVISION APPLICATION NO.290 OF 2018

Gajanan S/o Parashram Rathod  Vs Surekha Gajanan Rathod,

CORAM : S. G. MEHARE, J.

PRONOUNCED ON : 24.01.2023.

Citation: 2023 Lawweb (Bom HC ) 7.

Print Page

Can the court entertain the husband's application for permanent alimony from the wife after the divorce decree?

 The impugned orders are assailed in the backdrop of the common fact that the said orders are not sustainable, since the relationship between the husband and wife is already extinguished by a decree of divorce passed on 17/01/2015.

14. A conjoint reading of both the provisions, would reveal

that both the sections in the Act of 1955 are enabling provisions

and confer a right on the indigent spouse to claim maintenance

either pendente lite or in the nature of permanent alimony and

maintenance.

15. The words applied in Section 25 of the Act of 1955 permit

any court exercising jurisdiction under this Act, i.e. under

Sections 9 to 13, at the time of passing any decree or at any time

subsequent thereto, on an application made to it, by either of the

spouse pay to the applicant for her/his maintenance, either gross

sum or monthly or periodical sums for not exceeding the life of

the applicant, having regard to the income and the other

property, etc. The term used “at any time subsequent thereto”

cannot be made redundant, by giving constricted meaning to the

words “wife or husband”, applied in Section 25 of the Act of

1955 and this can be said so, in the wake of sub-sections (2) and

(3) of Section 25, which empower the court to vary, modify or

rescind the amount of permanent alimony and maintenance as

awarded under sub-section (1) and, on existence of the

circumstances set out in sub-section (3), order granting

permanent alimony and maintenance can be varied and modified

or rescinded as the court may deem just and proper.

Sub-sections (2) and (3) of Section 25 are thus indicative

of the fact that if at the time of decree, an application is made or

at any subsequent time of the passing of the decree, an

application is made, claiming maintenance by either of the

spouse, the court is empowered to grant the claim, which is just

and proper and the payment can be secured if necessary, by

creating charge on the immoveable property of the respondent.

If sub-section (1) is given a restrictive meaning as attempted to

be canvassed by Mr. Thombre, then the words used “at any time

subsequent thereto” would become redundant, which cannot be

the intention of the legislature. The legislature does not use the

words in vacuum and when it specifically permits the exercise of

power of granting permanent alimony and maintenance on the

court exercising jurisdiction under the Act, at the time of passing

of the order or at any time subsequent thereto, it is open for the

court to grant such maintenance at the time of passing the decree

or even subsequent to the decree being passed. The provision

cannot be read to constrict it, if the relationship between the

husband and the wife is severed and as per Mr. Thombre, on

divorce, they no longer remain husband and wife. Section 25 is

not only restricted to a decree of divorce, but the decree can also

be for restitution of conjugal rights under Section 9, the decree

can also be for judicial separation under Section 10 or the decree

can also be for divorce under Section 13 or the decree can also

be for a divorce by mutual consent under Section 13B. In the

contingency other than the one covered by a decree of divorce,

the parties are still husband and wife, when a decree for

restitution of conjugal rights or judicial separation is passed. The

scope of Section 25, therefore, cannot be restricted by holding

that on divorce / dissolution of marriage, the wife or the husband

cannot bring such proceedings.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.2527 OF 2021

Bhagyashri w/o. Jagdish Jaiswal  Vs. Jagdish S/o. Sajjanlala Jaiswal & Anr.

CORAM : SMT. BHARATI DANGRE, J.

DATED : 26TH FEBRUARY, 2022.

Print Page

Whether court can enhance permanent alimony if the court fixed it with the consent of parties?

  At the outset, learned counsel for the non-applicant/  respondent questioned the very maintainability of this application on the ground that since the judgment dated 19.11.2001, passed in FAO (HMA) No. 50 of 2001, was on the basis of the compromise, therefore, the instant application for enhancement was not maintainable. Learned counsel for the non-applicant/respondent further argues that the applicant by her own act and conduct is estopped from filing the present application and the previous decision rendered by this Court operates as res judicata. {Para 11}

12. Both these submissions of the learned counsel for the

non-applicant/respondent are not at all tenable in view of the

judgment rendered by a Coordinate Bench of this Court in Kubja

Devi vs. Ishwar Dass AIR 2017 HP 21, wherein it was held that

where the maintenance is fixed by a Court though the basis of it was an agreement, it would come directly under Section 25 of the Act. Thus, a party will be entitled to have an enhancement of

maintenance once such party proves that there has been a material change in the circumstances justifying the enhancement. Therefore, even if agreement relating to the quantum may be a part of the settlement but when the decree passed on adopting the said settlement it becomes the order under Section 25(1) of the Act, as such the Court has statutory jurisdiction under Section 25(2) to direct enhancement of the maintenance with changed circumstances. It was further held that neither the provisions of Section 11 of the CPC nor the principles of res judicata will bar a suit of maintenance on an enhanced rate for a different period under altered circumstances even though on an earlier occasion a maintenance decree has been passed and a certain rate of maintenance had been fixed thereunder. The reason being that such a decree as to the rate of maintenance is not final.

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CMP No. 8958 of 2019 in FAO (HMA) No. 50 of 2001

Smt. Beasa Devi Vs  Sh. Shiv Dayal 

Coram:

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

Decided on 28.04.2021

Print Page

Whether court can grant permanent alimony to wife on her oral prayer?

 With regard to question under consideration before this

court, various other High Courts including this High Court have

held that the word ‘application’ as referred to in Section 25 of the

Act i.e. 'on application made to it' does not specify as to whether it

is oral application or application in writing. It is also held that

broader view of Section 25 of the Act is to be taken considering the

object and purpose for inclusion of this provision in the Act.

9. The Madras High Court in the case of Umarani Vs. D.

Vivekannandan reported in 2000 SCC Online Mad 50 held that

there is no need of written application under Section 25 of the

Hindu Marriage Act, 1955 and permanent alimony and maintenance

can be granted on the basis of oral application. The relevant para

No. 10 in this judgment reads thus :

“10. It is true that Section 25 of the Act

contemplates an application for the said purpose.

When the lower court has not disposed of Section

24 application in time and has disposed of along

with the main application, it should have disposed

of the application under Section 25 also.

Therefore, one more litigation could be avoided

and on the basis of very same order, the

maintenance could be provided for the wife and

child. From the conduct of the respondent, it is

clear that he will not pay the maintenance which is

legally due to the petitioner. Under these

circumstances, asking the petitioner to file another

application under Section 25 or asking to file a

separate suit and again seeking indulgence of the

Court below will be harsh. The Act also does not

say that there should a written application. It only

says that an application made to it. It can also be

on the basis of oral application.........”

For the reasons aforestated, in the opinion of this Court,

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. The mode and form of the application

u/s 25 of the Act for claiming permanent alimony is immaterial.

What is essential is the material before the court to decide the same.

The court cannot pass any order of permanent alimony and

maintenance in vacuum. The court has to consider the parameters

as guided in the provision itself. The relief is incidental in nature

and it is not the substantive relief.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 125 OF 2019

Vijayashree Ganesh Ingle, Vs Dr. Nishant Arvind Kale,

CORAM : PUSHPA V. GANEDIWALA, J.

DATED : JANUARY 08, 2021.

Print Page

Whether former husband of Muslim wife can refuse to pay permanent alimony to her if she remarries after divorce?

 We may conclude observing that when the Court makes an award of permanent alimony or for one time payment, it is not founded on any stipulation that any part of the sum would be either actually refunded in whole or in part. Such sum is not granted on the condition against remarriage for all times to come or for any particular period. In fact, it is something different from the obligation of her husband to maintain his divorced wife for his life or until remarried. The permanent alimony in a way is an estimated sum in lump sum to discharge the judgment debtor from his future liabilities unconditionally. On the other hand, the grant of periodical payment by way of maintenance to a divorced wife is in recognition/obligation to the spouse to maintain her so long as she enjoys the continued status of a divorcee. On such remarriage, that status of divorcee comes to an end and she acquires another marital status as someone's spouse. Under the Act, 1986 as well as under Section 125 Cr.P.C., the wife includes a divorcee. Therefore, when the wife remarries, her claim of maintenance primarily comes to stand against her new husband coming into existence in new relationship. The obligation of maintaining the divorced wife is shifted to the husband, whom she subsequently marries. The future obligation to maintain her by her previous husband comes to an end. That makes a case of permanent alimony different from a case of grant of periodical maintenance. The former is to discharge the husband from his obligation for all times in lieu of a settled reason, in the later, he is required to continuously discharge his obligations at interval of every period. This proposition of law laid down by us should be looked into keeping in mind Section 3(1)(a) of the Act, 1986. A divorced woman is entitled to 'a reasonable and fair provision" and "maintenance" to be made and paid to her within and post the Iddat period by her former husband. The Supreme Court in Danial Latifi (supra) interpreted this as two separate obligations. The Court found "reasonable and fair provision' to mean a provision in advance for the future needs of the ex-wife including her residence, food, clothes and other necessities. The Supreme Court found that the Act, 1986 requires a Muslim husband to provide maintenance of a reasonable and fair amount needed to maintain his wife for the rest of her life but that he must pay this amount in total during the iddat Period. At the cost of repetition, we state that the provision for permanent alimony is incidental to the granting of a decree or judicial separation, divorce or annulment of marriage. In other words, the relief of permanent alimony is a relief incidental to the granting of the substantive relief by the Court in the main proceeding.{Para 79}

80. From the aforesaid discussion the following conclusions emerge;

(A) Before the enactment of the Act, 1939, a woman, under pure Muslim Law, had no right to get a decree for divorce from the husband if the husband refuse to divorce her. The Act, 1939, for the first time, conferred a legal right to move the Civil Court for a decree for dissolution of marriage on the grounds specified in Section 2 of the Act, 1939. After the Act of 1939, a wife thus had a statutory right to obtain a divorce from her husband through the Court on proof of the grounds mentioned in the Act.

(B) A decree for dissolution of marriage obtained by the wife under the provisions of the Act, 1939 is a legal divorce under the Muslim Law by virtue of the statute. The ex-wife, having obtained divorce from her erstwhile husband under the provisions of the Act, 1939 is entitled to reasonable and fair provision under Section 3 of the Act, 1986.

(C) Section 20 of the Family Courts Act, 1984 gives an overriding effect to the provisions of the Act over all other enactments. The Family Courts Act has in its comprehension all community including the Muslims. All disputes between the Muslim community within the purview of the Family Courts Act are to be settled by the Family Courts.

(D) The dispute contemplated by Section 3 of the Act, 1986 is within the purview and four corners of the Family Courts Act as the dispute under Section 3 of the Act, 1986 also relates to matrimonial relations between the parties.

(E) The right of maintenance and right in the matrimonial property are the consequences of the marriage or its dissolution. Those reliefs are incidental to the main relief of 'dissolution of marriage' and therefore, these reliefs are very much an integral part of the decree of 'dissolution of marriage'. The Law contemplates that the husband has two separate and distinct obligations; (I) to make "reasonable and fair provision" for his divorcee wife and (ii) to provide "maintenance" for her. The obligation to make a reasonable and fair provision for the divorced wife is not restricted until the divorced wife remarries. It is within the jurisdiction of the Family Court to pass an order for a lump sum amount to be paid to the wife in discharge of the obligation of the husband under Section 3(1)(a) of the Act, 1986 and such order cannot be modified upon remarriage of the divorced Muslim wife.

(F) The provision for permanent alimony is incidental to the granting of a decree or judicial separation, divorce or annulment of marriage.

(G) When the Family Court makes an order of permanent alimony or for one time payment in the proceedings instituted by the wife for divorce, it is not founded on any stipulation that any part of the sum would be refunded either in whole or in part. Such sum is not granted on the condition against remarriage for all times to come or for any particular period. It is something different from the obligation to her husband to maintain his divorced wife for his life or until remarried. The permanent alimony in a way is an estimated sum in lump sum to discharge the husband from her future liabilities unconditionally.

(H) The grant of periodical payment by way of maintenance to a divorced wife is in recognition/obligation of the spouse to maintain her so long as she enjoys the continued the status of divorcee. If the wife gets remarried, her status of divorcee is come to an end and the liability of the husband to pay periodical maintenance would also come to an end.

81. It is brought to our notice by the learned counsel appearing for the respective parties that the appellant herein remarried way back in the year 2014. This is suggestive of the fact that much before the respondent herein instituted the proceedings in the Family Court for divorce, the husband had already remarried and raised a family. The appellant could do so because polygamy is permissible amongst the Muslim Community. It does not constitute an offence of bigamy punishable under 494 of the Penal Code. The materials on record further indicates that the husband hardly paid anything towards maintenance. The respondent had to leave her matrimonial home soon after the marriage, i.e., sometime in 2010. Ultimately, she was constrained to institute the proceedings of divorce in the Family Court. It appears that even during the pendency of such proceedings before the Family Court, nothing was paid to the wife. The wife, ultimately, succeeded before the Family Court in getting the marriage dissolved and was also successful in getting an order of permanent alimony. The husband now cannot turn around and say that he is not liable to pay the lump sum amount because the respondent is remarried.

 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/First Appeal No. 2012 of 2019 and Civil Application No. 1 of 2019 in R/First Appeal No. 2012 of 2019

Decided On: 19.03.2020

 Tarif Rashidbhai Qureshi Vs.  Asmabanu

Hon'ble Judges/Coram:

J.B. Pardiwala and V.B. Mayani, JJ.

Author: J.B. Pardiwala, J.

Citation: MANU/GJ/0734/2020

Print Page

Whether wife is entitled to get maintenance U/S 125 of CRPC if she is granted permanent alimony?

Since the Parliament has empowered the Court under Section

25(2) of the Act and kept a remedy intact and made available to the

concerned party seeking modification, the logical sequittor would

be that the remedy so prescribed ought to be exercised rather than

creating multiple channels of remedy seeking maintenance. One can

understand the situation where considering the exigencies of the

situation and urgency in the matter, a wife initially prefers an

application under Section 125 of the Code to secure maintenance in

order to sustain herself. In such matters the wife would certainly

be entitled to have a full-fledged adjudication in the form of any

challenge raised before a Competent Court either under the Act or

similar such enactments. But the reverse cannot be the accepted

norm.

In the circumstances, we allow these appeals, set aside the

view taken by the High Court and direct that the application

preferred under Section 125 of the Code shall be treated and

considered as one preferred under Section 25(2) of the Act.

Since the matter pertains to grant of maintenance.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No(s).246-247/2020

RAKESH MALHOTRA Vs KRISHNA MALHOTRA 

Dated:February 7, 2020

Print Page

Leading Supreme Court Judgment on grant of permanent alimony

 In the present case, on the husband's petition, a decree declaring the second marriage as null and void has been granted. The learned counsel has argued that where the marriage is found to be null and void - meaning non-existent in eye of law or non est, the present respondent cannot lay a claim as wife for grant of permanent alimony or maintenance. We have critically examined the provisions of Section 25 in the light of conflicting decisions of the High Court cited before us. In our considered opinion, as has been held by this Court in Chand Dhawan's case (supra), the expression used in the opening part of Section 25 enabling the 'Court exercising jurisdiction under the Act' 'at the time of passing any decree or at any time subsequent thereto' to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under Section 10 or divorce under Section 13. When the legislature has used such wide expression as 'at the time of passing of any decree,' it encompasses within the expression all kinds of decrees such as restitution of conjugal rights under Section 9, judicial separation under Section 10, declaring marriage as null and void under Section 11, annulment of marriage as voidable under Section 12 and Divorce under Section 13.

19. Learned counsel for the husband has argued that extending the benefit of Section 25 to even marriages which have been found null and void under Section 11 would be against the very object and purpose of the Act to ban and discourage bigamous marriages.

20. It is well known and recognized legal position that customary Hindu Law like Mohammedan Law permitted bigamous marriages which were prevalent in all Hindu families and more so in royal Hindu families. It is only after the Hindu Law was codified by enactments including the present Act that bar against bigamous marriages was created by Section 5(i) of the Act. Keeping into consideration the present state of the statutory Hindu Law, a bigamous marriage may be declared illegal being in contravention of the provisions of the Act but it cannot be said to be immoral so as to deny even the right of alimony or maintenance to a spouse financially weak and economically dependant. It is with the purpose of not rendering a financially dependant spouse destitute that Section 25 enables the court to award maintenance at the time of passing any type of decree resulting in breach in marriage relationship.

21. Section 25 is an enabling provision. It empowers the Court in a matrimonial case to consider facts, and circumstances of the spouse applying and decide whether or not to grant permanent alimony or maintenance.

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 1774 and 1775 of 2001

Decided On: 13.12.2004

Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga

Hon'ble Judges/Coram:

D.M. Dharmadhikari and H.K. Sema, JJ.

Citation: (2005) 2 Supreme Court Cases 33 : (AIR 2005 SC 422)

Print Page

Whether wife can give up right to daughter to get maintenance?

Before we part with, we must also express our reservation
insofar as Term No.6 is concerned, which was incorporated in the
order on 08.11.2017 by the Principal Judge, Family Court,
Aurangabad. It was certainly open to the wife to give up any claim
so far as maintenance or permanent alimony or stridhan but she
could not have given up the rights which vest in the daughter
insofar as maintenance and other issues are concerned.

We, therefore, exercising our powers under Article 142 of the
Constitution of India, set-aside Clause (6) of the Consent Terms.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.4031-4032 OF 2019

GANESH  Vs  SUDHIRKUMAR SHRIVASTAVA

Dated:APRIL 22, 2019

Print Page

Whether husband is liable to pay increased maintenance to son after paying permanent alimony to wife?

To make a brief of the matter it can be seen from the record that owing to the marital dispute between the parties, there was divorce in between them as on 03.10.2013, as per order and decree in F.C. (Civil) No. 473/2008, under Section 13 of the Hindu Marriage Act. The present petitioner paid Rs. 5 lacs to the respondent as a permanent alimony. At the relevant point of time, there was another petition pending before the same Family Court praying for maintenance for the respondent/wife as well as her minor son which was also disposed of on 10.09.2013, in F.C. (Crl.) No. 22/2009 (prior to disposal of the divorce case), where in the learned Trial Court grant the maintenance of Rs. 2500/- to the wife and Rs. 2000/- to the minor child of the parties, by its order.

4. After the divorce was affected between the parties and the respondent/wife was granted the permanent alimony, so the respondent/wife come forward with a petition under Section 127 of the CrPC, praying for enhancement of the maintenance allowance to the minor child. The learned Trial Court upon adjudicating the matter and considering the necessity of the child and the income of the petitioner, directed the present petitioner to pay a sum of Rs. 5000/- per month by the order dated 14.02.2017.

Now in the context of liability, the maintenance always carries the meaning that it should be adequate to the needs of a person and according to the status and income of the person concerned. The child of the petitioner who was enrolled in an English Medium school cannot be stopped to carry on such education by showing inability by his parents. It is the bounded duty of a father to upbringing the child in a befitting manner without hindering his mental health as well as physical one. If the father denies such required amount, it will be nothing but denial of such mandatory requirement of a child for proper upbringing. Having a total salary of Rs. 61,138/- and even after deduction on various count, still the petitioner has sufficient income to provide maintenance to his child, as has been granted by the trial Court.

IN THE HIGH COURT OF GAUHATI

Crl. Rev. P. 78/2017

Decided On: 22.01.2019

Rupak Chowdhury Vs.  The State of Assam and Ors.

Hon'ble Judges/Coram:

Rumi Kumari Phukan, J.

Print Page

Whether wife can initiate proceeding for permanent alimony after decree of divorce?

 In the event the permanent alimony has not been granted probably for the reason that no such application was moved and pressed for, the same can be applied even after passing of the decree. Section 25 of the Act itself envisages that the wife can initiate proceedings for grant of permanent alimony even after the decree of divorce. Therefore, the Court does not become functus officio with the passing of the decree and continues to have jurisdiction to award alimony even thereafter.

IN THE HIGH COURT OF ALLAHABAD

First Appeal No. 402 of 2018

Decided On: 24.05.2018

Poonam Sharma  Vs.  Vishnu Kumar

Hon'ble Judges/Coram:

Pankaj Mithal and Rajiv Joshi, JJ.

 Citation : 2018 (130) ALR 490

Print Page

NOTES ON HINDU MARRIAGE ACT 1955

S 3. Definition:-

c) full blood and half blood- Two persons are said to be related to each other by full blood when they are descended from a common father by the same wife, and by half blood when they are descended from a common father but by different wives;

d) uterine blood -Two persons are said to be related to each other by uterine blood, when they descended from a common mother but by different husbands;

f) Sapinda relationship with reference to any person extends as far as third generation inclusive in the line of ascent through mother and fifth generation inclusive in the line of ascent through father,the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.

Read important judgments on Hindu Marriage Act: Click here

Print Page

Whether Advocate can claim fees on Percentage On Permanent Alimony Given To His Client?

It prima facie appears that the petitioner has

completely betrayed the trust reposed in him by the victim. He

has even gone to the extent of claiming percentage on the

permanent alimony given to the victim which is illegal. The

Bombay High Court in Re: K.L. Gauba reported in A.I.R. 1954

Bombay 478 held that fees conditional on the success of a case

and which gives the lawyer an interest in the subject matter 

tends to undermine the status of the profession. The same has

always been condemned as unworthy of the legal profession. If

an advocate has interest in success of litigation, he may tend to

depart from ethics. In the case of Mr. ‘G’., A Senior Advocate

of the Supreme Court reported in (1955) 1 Supreme Court

Reporter 490, the Hon’ble Supreme Court held that the claim of

an advocate based on a share in the subject matter is a

professional misconduct. In case of B. Sunitha -Vrs.- The

State of Telengana and Ors. reported in (2018) 69 Orissa

Criminal Reports (SC) 400, it is held that claim based on

percentage of subject matter in litigation cannot be the basis of a

complaint under section 138 of the N.I. Act.

 IN THE HIGH COURT OF ORISSA: CUTTACK

ABLAPL No. 5399 of 2017

An application under section 438 of the Code of Criminal

Procedure in connection with C.T. case No. 2702 of 2016 pending

in the Court of S.D.J.M., Bhubaneswar.

Sanjaya Narayan Sahoo  Vs  State of Odisha 

P R E S E N T:

 MR. JUSTICE S.K. SAHOO

 Date of Order: 01.05.2018

Print Page

Whether permanent alimony can be granted after dismissal of divorce petition?

 We have given our thoughtful consideration to the issue and are satisfied to hold that the question whether permanent alimony can be granted or not if the application for divorce itself had been dismissed is no more res-integra and stands decided in MANU/SC/0538/1993 : (1993) 3 SCC 406 (Chand Dhawan (Smt.) Vs. Jawaharlal Dhawan) followed in Ramesh Chandra Rampratapji Daga (supra).

9. In Chand Dhawan (supra) the application for mutual divorce filed under Section 13B of the Act was dismissed. The husband then filed an application for divorce under Section 13 of the Act inter alia on grounds of adultery. The order for maintenance pendente lite not having been complied led to stay of the divorce proceedings till compliance. The wife then filed an application for permanent alimony under Section 25 of the Act. After considering the provisions of Section 25 of the Act and noticing the divergence of views taken by different High Courts it was held as follows:

"25. We have thus, in this light, no hesitation in coming to the view that when by court intervention under the Hindu Marriage Act, affection or disruption to the marital status has come by, at that juncture, while passing the decree, it undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at that time. It also retains the power subsequently to be invoked on application by a party entitled to relief. And such order, in all events, remains within the jurisdiction of that court, to be altered or modified as future situations may warrant. In contrast, without affectation or disruption of the marital status, a Hindu wife sustaining` that status can live in separation from her husband, and whether she is living in that state or not, her claim to maintenance stands preserved in codification under section 18(1) of the Hindu Adoptions and Maintenance Act. The court is not at liberty to grant relief of maintenance simplicitor obtainable under one Act in proceedings under the other. As is evident, both the statutes are codified as such and are clear on their subjects and by liberality of interpretation inter-changeability cannot be permitted so as to destroy the distinction on the subject of maintenance."

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)

D.B. Civil Miscellaneous Appeal No. 4700/2016

Decided On: 09.02.2017

Poonam Joshi Vs. Archana Joshi

Hon'ble Judges/Coram:
Navin Sinha, C.J. and Vijay Kumar Vyas, J.
Citation: AIR 2017 Raj 162

Print Page