Hyderabad: Ruling that a divorced woman seeking permanent alimony must apply under the Hindu Marriage Act, the Telangana High Court has rejected a woman’s Rs 50 lakh alimony plea.
The relief, the court added, cannot be sought through provisions of the Civil Procedure Code (CPC).
‘Proper procedure was not followed’
While upholding the family court’s divorce order, a division bench of Justice K. Lakshman and Justice B.R. Madhusudhan Rao observed that the woman had not filed the application required under the Hindu Marriage Act for claiming permanent alimony. She had also not submitted proof of her husband’s income and assets, the bench said. Thus, the failure to follow the prescribed legal procedure was a major lapse, it said.
Marriage, dispute
The couple, who are residents of Nizamabad, got married in 2007. They have one child. However, since 2011, they have been living separately due to a matrimonial dispute.
Claiming that her husband, who is an advocate, owns several assets and has a substantial income, the woman sought Rs 50 lakh as permanent alimony. She argued that he had a lot of money and she was entitled to alimony.
The husband argued that the woman had not filed the mandatory application under the Hindu Marriage Act.
The court observed that the woman’s claims regarding her husband’s financial status were not supported by documentary evidence. Finding no merit in the plea, the court dismissed the appeal.
