The Madhya Pradesh High Court has reaffirmed that a spouse cannot be directed to pay permanent alimony unless a formal application—either in writing or separately—is filed under Section 25 of the Hindu Marriage Act (HMA).

Understanding Section 25 of the Hindu Marriage Act

• Section 25 deals with permanent alimony and maintenance in divorce cases.
• It allows the court to order a spouse to pay maintenance, either as a lump sum or in monthly or periodic payments.
• This order can be passed at the time of the divorce decree or anytime later.
• However, such an order can only be issued when there is an explicit application from either the husband or the wife.
• The court considers factors like income, property, conduct of parties, and other relevant circumstances before granting alimony.

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Case Background

The case was heard by a division bench of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh. The bench observed that no formal application was filed under Section 25 before the trial court.

The High Court referred to multiple past judgments, including its own ruling in Abhishek Parashar Vs. Neha Parashar (2023), and stated:

“From the judgment of this Court, it is clear that at least an application demanding permanent alimony is required, either in a written statement or through a separate application. Without such a demand, the trial court could not have granted permanent alimony to the respondent/wife.”

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• The husband had initially filed for divorce under Section 13(1) of the HMA, citing cruelty by his wife.
• The wife did not appear before the trial court, and she was proceeded ex-parte.
• After considering the husband's evidence, the trial court granted him a divorce on grounds of cruelty.
• However, the trial court also directed the husband to pay Rs. 12,000 per month as permanent alimony to the wife under Section 25 HMA.
• The husband challenged this order before the High Court, arguing that the trial court had granted alimony without any formal application from the wife.

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The Madhya Pradesh High Court reviewed past judgments and legal principles, concluding that:

• A request for permanent alimony must be explicitly made through a written statement or separate application.
• The trial court should not have granted maintenance without a formal demand.
• Since no application was made under Section 25, the order directing the husband to pay maintenance was incorrect.

Thus, the High Court quashed the trial court’s order under Section 25 HMA.

Case Title: X v/s Y

First Appeal No. 1793 of 2023