Permanent Alimony Under Section 25 HMA Requires Formal Request: Madhya Pradesh High Court

The Madhya Pradesh High Court overturned a trial court’s decision that ordered a husband to pay Rs. 12,000 per month as permanent alimony under Section 25 of the Hindu Marriage Act, 1955 (HMA), citing the absence of a formal request.

The husband had filed a divorce under Section 13(1) HMA on grounds of cruelty, and the wife did not participate in the proceedings or seek alimony. Despite this, the trial court awarded maintenance.

Referring to Abhishek Parashar Vs. Neha Parashar (2023), the High Court ruled that alimony could not be granted without a written request and quashed the trial court’s order.