Gau HC | Wife granted alimony under S. 25 HMA in spite of ‘no claim agreement’ with husband

Gauhati High Court: A Bench of A.S. Bopanna, CJ and Sanjay Kumar Medhi, J. dismissed an appeal filed by the appellant-husband against family court’s order granting alimony of Rs 2.5 lakhs to the respondent-wife.

Undisputed facts of the case are that the parties were formerly married to each other. Some marital disputes arose and the husband filed a petition seeking divorce which was granted by the family court. Subsequent to the divorce decree, the wife filed a petition under Section 25 of the Hindu Marriage Act, 1955 seeking permanent alimony of Rs 15 lakhs. Partly allowing the wife’s application, the family court awarded her alimony of Rs 2.5 lakhs. Aggrieved thereby, the husband filed the present appeal.

Dipika Kalita and Rumi Kalita, Advocates for the husband told the Court that during the pendency of the husband’s divorce petition, the parties entered into an agreement whereby the wife conceded to the prayer for divorce. Further, she also agreed that there would be no claim between the parties against each other. It was contended that the family court’s order was not justified.

Regarding the alleged agreement, the family court observed and the High Court noted that what was submitted in the divorce proceedings was a photocopy of the said agreement. The family court took note of the same and concluded that it was not enforceable. The High Court observed, “the law is well settled that the maintenance or the alimony to be granted is to enable the party who seeks the same subsequent to the dissolution of the marriage to maintain herself. At that stage, what would be relevant is as to whether the party seeking for such maintenance or alimony is able to maintain herself.” As such, the High Court was of the opinion that the family court rightly held that the wife was entitled to receive alimony. Also, no error was found with the quantum of alimony so granted. Holding it to be devoid of merits, the Court dismissed the appeal. [Utpal Das v. Rinki Sarkar, 2019 SCC OnLine Gau 1048, dated 08-03-2019]

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