In an appeal against a decree of divorce where submissions were limited to the non-grant of permanent alimony, the High Court held that appropriate recourse lies under Section 25 of the Hindu Marriage Act.
Appeal disposed with liberty to file an application under Section 25 of the Hindu Marriage Act, 1955.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.291 of 2018
Kiran Devi @ Pinki Kumari
….. Appellant
Versus
Lalit Kishor Sahani @ Daleshwar Nishad ….. Respondent
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Appellant : Mr. Birendra Kumar, Advocate For the Respondent : Ms. Amrita Sinha, Amicus
17/10.07.2023 Mr. Birendra Kumar, learned counsel for the appellant has confined his submission only with respect to nongrant of permanent alimony to the appellant.
A Suit was preferred by the respondent herein against the appellant under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955 for dissolution of marriage. The said Suit was decreed in favour of the respondent and the marriage solemnized on 30.11.2008 was dissolved under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955.
Though the first appeal was preferred by the appellant challenging the impugned judgment dated 27th April 2017 passed in TMS Case No.371 of 2012, but in course of the proceedings learned counsel for the appellant has confined his submission only with respect to non-grant of permanent alimony.
Section 25 of the Hindu Marriage Act permits the appellant to prefer an application for permanent alimony and maintenance even at any time subsequent to the passing of any decree.
In view of the fact that the prayer of the appellant has been confined only with respect to non-grant of permanent alimony and a recourse lies to the appellant under Section 25 of the Hindu Marriage Ace, 1955, we hereby dispose of this appeal with a liberty to the appellant to prefer an application before the concerned court under Section 25 of the Hindu Marriage Act.
(R. Mukhopadhyay, J.)
(Deepak Roshan, J.)
Shamim/-
2 issues framed by the court
Whether the appellant can challenge the non-grant of permanent alimony in an appeal or must proceed under Section 25.
Whether the appeal regarding the suit for dissolution of marriage is maintainable when submissions are confined to permanent alimony.
2 provisions across 1 enactments
Kiran Devi @ Pinki Kumari
Lalit Kishor Sahani @ Daleshwar Nishad
Hongon Mukhopadhyay
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
