The Chhattisgarh High Court has held that a claim for permanent alimony cannot ordinarily be decided for the first time at the appellate stage when the spouse did not seek such relief before the Family Court or place supporting evidence on record.
A Division Bench of Justice Parth Prateem Sahu and Justice Sushma Sawant delivered the ruling while dismissing an appeal filed by Smt. Ekta Vishwas against a divorce decree passed by the Family Court, Ambikapur.
Background
The marriage between Ekta Vishwas and Devashish Vishwas took place in February 2016, and they have a daughter. The husband had approached the Family Court seeking divorce, alleging cruelty. The wife contested the allegations and also raised allegations concerning the husband's conduct.
The Family Court ultimately granted the divorce decree on November 11, 2024. However, it did not grant permanent alimony to the wife.
In appeal, the wife sought consideration of her financial needs, the husband's income and the welfare of their minor daughter. She also argued that the Family Court had failed to address her entitlement to permanent alimony.
The High Court examined the evidence and the allegations exchanged between the parties. It noted that the matrimonial relationship had remained troubled and that the evidence supported the Family Court's finding regarding cruelty.
The Bench also referred to Supreme Court decisions explaining that cruelty cannot be determined through a fixed formula and depends on the facts and circumstances of each matrimonial dispute.
The Court observed:
“It is significant that the wife did not make any application seeking alimony before the Family Court, nor did she place any evidence on record in support of such claim. In such circumstances, the claim for alimony cannot appropriately be adjudicated by this Court for the first time in appellate jurisdiction, without the relevant facts and material having been considered by the Court of first instance.”
The High Court examined Section 25 of the Hindu Marriage Act, 1955, which permits a court to grant permanent alimony after considering factors including the income and property of both parties, their needs, conduct and other circumstances.
The Bench noted that although both parties had filed financial affidavits, the wife had not made a specific alimony claim before the Family Court and had not led evidence on the issue. The appellate court therefore declined to determine the amount for the first time.
The High Court dismissed the appeal and affirmed the Family Court's judgment and decree dated November 11, 2024.
It clarified that the wife would remain at liberty to file an appropriate application under Section 25 of the Hindu Marriage Act for determination of permanent alimony, which could be considered by the competent court in accordance with law.
Case Details:
Case Title: Smt. Ekta Vishwas v. Devashish Vishwas
Case Number: FA(MAT) No. 8 of 2025
Judge: Justice Parth Prateem Sahu and Justice Sushma Sawant
Decision Date: 24 September 2026
