Introduction:

The Madhya Pradesh High Court, in the case of X v/s Y (First Appeal No. 1793 of 2023), has ruled that a spouse cannot be directed to pay permanent alimony under Section 25 of the Hindu Marriage Act (HMA) without a formal application—either as a written statement or as a separate application. The division bench, comprising Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh, set aside the trial court’s order directing the husband to pay Rs. 12,000 per month to the wife as maintenance, citing the absence of a formal request for alimony.

Arguments of Both Sides:

The appellant-husband challenged the trial court’s judgment and decree under Section 25 of the HMA, which directed him to pay alimony despite the wife not filing any application for it. He contended that the trial court erred in awarding maintenance without any formal demand from the wife, making the order legally unsustainable. The respondent-wife, who was proceeded against ex parte in the trial court, had not filed any written statement or separate application requesting permanent alimony. The husband’s argument was reinforced by the precedent set in Abhishek Parashar v. Neha Parashar (2023), wherein the court held that a formal request is a mandatory requirement for awarding permanent alimony.

Court’s Judgment:

After examining the records and referring to relevant case laws, the Madhya Pradesh High Court concluded that the trial court had overstepped its jurisdiction by granting alimony in the absence of a formal application. The bench reaffirmed the principle that maintenance under Section 25 of the HMA cannot be awarded suo moto by the court but must be explicitly sought by the party entitled to it. Consequently, the high court quashed the trial court’s order, relieving the husband from the obligation to pay the monthly alimony.