Written Application Ordinarily Required for Permanent Alimony, Oral Request Acceptable With Consent of Both Parties: Allahabad High Court

The Allahabad High Court has held that a written application is ordinarily required to claim permanent alimony under Section 25 of the Hindu Marriage Act, 1955, but an oral request may be accepted in exceptional cases when both parties agree on entitlement and the amount.

The dispute arose from a marriage solemnised in February 2005. The husband sought divorce on grounds of cruelty and desertion, while the wife filed a petition seeking restitution of conjugal rights. In May 2012, the Family Court granted divorce on both grounds and dismissed the wife’s petition. She challenged the decisions before the High Court.

Court’s Observations on Permanent Alimony

During the appeals, both parties informed the Bench through their counsel that they had agreed to a lump-sum permanent alimony payment of ₹9 lakh to the wife.

The Court explained that a written application ordinarily enables both parties to submit financial details, including income, assets, expenses and liabilities, and to present evidence before the court determines the appropriate amount.

It clarified that an oral request is not completely barred where both parties agree on the entitlement and quantum, leaving no dispute for the court to adjudicate.

The Bench observed, “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”.

Findings on Divorce and Desertion

The High Court held that the divorce could not be sustained on the ground of desertion. Under Section 13(1)(ib) of the Hindu Marriage Act, 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 Court upheld the finding of cruelty after examining the pleadings and evidence. It therefore maintained the divorce decree on that ground alone and upheld the dismissal of the wife’s petition for restitution of conjugal rights.

Final Decision

The High Court awarded the wife ₹9 lakh as permanent alimony in a lump sum and directed that the amount be paid within three months through a demand draft. The connected appeals were disposed of, with no order as to costs.

Case Details

Court: Allahabad High Court

Relevant Provisions: Section 25 and Section 13(1)(ib) of the Hindu Marriage Act, 1955

Permanent Alimony Award: ₹9 lakh

Payment Deadline: Within three months