6/25, 07:30] Sekarreporter: *GLIMPSE OF A LATEST VERDICT* *C.M.A. No. 615/2018, 4054/2019* Mr. D. Sivakumar Vs. Mrs. Parimala Dated: 11.06.2021 *Hon’ble Justice T. Raja and Justice G. Chandrasekharan* set aside the impugned order with to maintenance but not on order refusing grant of divorce herein in this matter relating to *“

[6/25, 07:30] Sekarreporter: *GLIMPSE OF A LATEST VERDICT*

*C.M.A. No. 615/2018, 4054/2019*
Mr. D. Sivakumar Vs. Mrs. Parimala
Dated: 11.06.2021

*Hon’ble Justice T. Raja and Justice G. Chandrasekharan* set aside the impugned order with to maintenance but not on order refusing grant of divorce herein in this matter relating to *“Permanent Alimony when Divorce refused”* and further held the following:

i) Permanent alimony and maintenance are contemplated if the Court is satisfied that there is reasonable cause for payment. However, an order for permanent alimony could only be made when a decree is passed granting any substantive relief and not where the main petition itself is dismissed or withdrawn. It is also a well settled legal position that permanent alimony or maintenance to wife under Section 25 of the Hindu Marriage Act cannot be granted if the petition for divorce between the parties is dismissed.

ii) The following cases were further relied upon for the same; Ranganatham Vs. Shyamala [AIR 1990 Madras 1]; Badri Prasad Vs. Smt. Urmila Mahobiya [AIR 2001 Madhya Pradesh 106]; Smt. Sushma Vs. Satish Chandra [AIR 1984 Delhi 1].

iii) In the light of the above, Order of the Family Court refusing Divorce was upheld and the Order directing the Husband/Respondent to pay maintenance was set aside.
[6/25, 07:30] Sekarreporter: .

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