The Allahabad High Court has held that a written application seeking permanent alimony is ordinarily required under Section 25 of the Hindu Marriage Act, 1955, while clarifying that an oral request may be considered in exceptional cases where both parties agree on entitlement and the amount. The Court awarded ₹9 lakh in lump-sum permanent alimony to the wife after both sides agreed to the amount through their counsel.
Background
The dispute arose from a marriage solemnised in February 2005. The husband had sought divorce on grounds of cruelty and desertion, while the wife sought restitution of conjugal rights, asking the court to direct the resumption of their marital relationship.
The Family Court granted the divorce in May 2012 on both grounds and dismissed the wife's petition. She challenged these decisions before the High Court. During the appeals, both sides informed the Bench that they agreed to a lump-sum permanent alimony payment of ₹9 lakh.
The Bench examined Section 25 of the Hindu Marriage Act, which deals with permanent alimony and maintenance. It explained that a written application allows both parties to present evidence about their income, assets, expenses and financial liabilities before the court determines an appropriate amount.
The Court clarified that an oral request is not entirely barred, but it can be entertained in exceptional circumstances where both parties agree on the entitlement and the amount, leaving no issue requiring further adjudication.
The Bench held:
"Thus, we conclude that the filing of a written application for the adjudication of a claim of permanent alimony and inviting objection, allowing oral and documentary evidence is the rule and in exceptional cases oral prayer can also be entertained by the Court where the Court is not required to adjudicate in relation to the quantum and entitlement of permanent alimony."
Applying this principle, the judges noted that both parties had confirmed through their counsel that they agreed to the ₹9 lakh payment. The Court therefore awarded the wife permanent alimony in a lump sum, directing payment within three months through a demand draft.
The Bench held that the divorce could not be sustained on the ground of desertion. Under Section 13(1)(ib), desertion must continue for at least two years immediately before the divorce petition is filed. In this case, the petition was instituted just five days after the alleged separation, and the husband had asked the wife to leave the matrimonial home.
However, the High Court upheld the finding of cruelty after reviewing the pleadings and evidence. It maintained the divorce decree on that ground alone and agreed with the dismissal of the wife's petition for restitution of conjugal rights.
The connected appeals were disposed of accordingly, with no order as to costs.
