News Citation : 2026 LN (HC) 24
Bilaspur, 08 Jan. 2026 : The Chhattisgarh High Court has ruled that permanent alimony under Section 25 of the Hindu Marriage Act, 1955 cannot be granted unless a formal application is filed before the competent court, even if a decree of divorce has already been passed. The Division Bench of Justice Sanjay K. Agrawal and Justice Sanjay Kumar Jaiswal clarified that filing such an application is a mandatory legal requirement and not a mere procedural formality.
The decision came in First Appeal (M) No. 81 of 2019, filed by Smt. Laxmi Verma against a divorce decree granted in favour of her husband, Ghanshyam Verma, by the Family Court at Rajnandgaon in January 2019. The marriage between the parties was solemnised in May 2013, but matrimonial disputes soon arose, leading to separation and a divorce petition by the husband in October 2014. The Family Court granted divorce on the grounds of cruelty and desertion.
Before the High Court, the wife chose not to challenge the divorce on merits. Instead, her counsel requested the Court to consider granting permanent alimony, stating that during mediation it was disclosed that the husband had contracted a second marriage and had a child. An affidavit of income was also filed in line with Supreme Court guidelines.
However, the Bench noted that at no stage, either during the trial before the Family Court or during the pendency of the appeal, had the wife filed a specific application seeking permanent alimony under Section 25(1) of the Hindu Marriage Act. The Court observed that the statute clearly requires an application by the concerned spouse, and without it, the court lacks jurisdiction to grant permanent alimony.
Relying on earlier judgments of the Supreme Court and the Madhya Pradesh High Court, which are binding on Chhattisgarh, the Bench reiterated that permanent alimony is an ancillary relief that can be considered only upon a formal request supported by evidence relating to income, expenditure, and standard of living. The Court emphasised that such evidence cannot be assessed for the first time at the appellate stage without proper pleadings.
The High Court also referred to the Supreme Court’s ruling in Rajnesh v. Neha, which mandates that courts must consider detailed financial disclosures before fixing permanent alimony. In the absence of a proper application and supporting material, the Bench held that it was not possible to determine entitlement or quantum.
Accordingly, the Court declined the prayer for permanent alimony and disposed of the appeal. At the same time, it clarified that the wife remains free to file a fresh application under Section 25(1) of the Hindu Marriage Act before the jurisdictional Family Court, which must then decide the matter on merits in accordance with law. The Court made it clear that it had expressed no opinion on the merits of any future claim.
Case Reference : First Appeal (M) No. 81 of 2019: Smt. Laxmi Verma (wife of Shri Ghanshyam Verma), District Durg vs. Ghanshyam Verma (son of Santram Verma), District Rajnandgaon; Counsel for the Appellant: Mr. P.R. Patankar, assisted by Ms. Vartika Shrivastava, Advocate; Counsel for the Respondent: Mr. Rakesh Thakur, Advocate.