Application for Permanent  Alimony— under Section 25 of the Hindu Marriage Act

As per Section 25 of the Hindu Marriage Act, 1955, the prayer for permanent alimony is to be accorded consideration by the Court at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be. There is nothing in Section 25 of the Hindu Marriage Act, 1955 which may suggest that an application for permanent alimony cannot be filed during the suit proceedings. Though, once filed, it is to be addressed at the time of passing the decree or at any time subsequent thereto. Therefore, if any such application is filed, framing an issue in that regard is not prohibited. Though, such issue would have to be addressed at the time of final decision of the petition. Thus, if any such issue has been framed in a divorce petition, it is expected that a Family Court would decide the same at the time of deciding the petition or any time thereafter. Om Tiwari v. Shikha Tiwari, 2021 (147) ALR 335.