Even on oral prayer of the wife, court can grant permanent alimony

Even on oral prayer of the wife, court can grant permanent alimony

Vijayashree Ganesh Ingle Vs Dr Nishant Arvind Kale

Bombay HC, Nagpur Bench

08/01/2021

SECOND APPEAL NO. 125 OF 2019

About/from the judgment:

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.

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