Manish Sharma vs Smt. Pooja Sharma
2024 Latest Caselaw 4276 MP

Madhya Pradesh High Court

Manish Sharma vs Smt. Pooja Sharma on 13 February, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           FA No. 65 of 2020
                                                    (MANISH SHARMA Vs SMT. POOJA SHARMA)

                          Dated : 13-02-2024
                                    Shri Pushpendra Dubey - Advocate for appellant/husband.

                                    Shri G.S. Baghel - Advocate for respondent/wife.

As per mediation report dated 29.11.2023, process of settlement has failed.

The only question which has been raised by appellant/husband while

assailing impugned decree of divorce and grant of permanent alimony u/S 25 alongwith direction u/S 27 of Hindu Marriage Act, is as to whether in absence of any application u/S 25 of Hindu Marriage Act, permanent alimony could have been granted.

So far as the issue of grant of relief as regards return of Stridhan u/S 27 of Hindu Marriage Act is concerned, the record reveals that an application in that regard was made by respondent/wife and issue in regard to Section 27 of Hindu Marriage Act was also framed on 18.07.2018, but it appears that due to inadvertence, the said issue did not find place in the body of the impugned

judgment. Thus, the contention that there was no application in support of the relief for u/S 27 of the Hindu Marriage Act does not impress this Court.

The other contention that now remains as to be adjudicated is whether in the absence of an application u/S 25 of the Hindu Marriage Act, permanent alimony can be granted or not.

At this juncture, learned counsel for the rival parties pray for time to produce relevant citations on the point.

As prayed for, list in the next week.

                               (SHEEL NAGU)       (VINAY SARAF)
                                  JUDGE               JUDGE
                          YS