Case at a Glance
A trial court dissolved a marriage on the husband’s petition for cruelty and dismissed the wife’s petition for restitution of conjugal rights, without deciding permanent alimony. In appeal, the wife gave up her challenge to the divorce and confined her case to alimony. The Orissa High Court held that the words “any decree” in Section 25 of the Hindu Marriage Act cover every decree under the Act and that an appellate court can itself grant permanent alimony. Rejecting the husband’s plea that he had no income after resigning his job, it fixed alimony at Rs. 10 lakh, payable within three months.
The husband filed for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of cruelty, and the wife filed for restitution of conjugal rights under Section 9. The trial court heard both together, granted divorce on the finding that the wife’s insistence on living separately kept the husband from caring for his elderly, ailing parents, and dismissed her petition. The wife appealed in MATA No. 30 of 2017.
On 24 April 2025 the wife told the High Court that she was no longer challenging the divorce and limited the appeal to permanent alimony. On 25 March 2026 she claimed Rs. 15 lakh; the husband offered Rs. 5 lakh and was directed to deposit that sum with the Registrar (Judicial) by 17 April 2026. He said he had no substantial income, lived with his parents on his father’s pension, and had resigned from an insurance company job (about Rs. 30,000 a month plus allowances) on 31 May 2024 to study law, while still paying a car loan EMI of about Rs. 10,000 a month. The wife had no independent income and depended on her parents.
The Key Question Before the Court
Can an appellate court grant permanent alimony under Section 25 of the Hindu Marriage Act when the trial court did not decide it, and how much should a husband who says he has no income pay?
‘Any Decree’ Means Every Decree
The Court read Section 25 broadly. It held that “The expression ‘any decree’ engulfed within its fold all categories of decree as recognized under the said Act”, and described the provision as “an ancillary and incidental power conferred upon the Court to grant permanent alimony”, which may be exercised at the time of the decree or later. Because an appellate court can pass the decree the trial court ought to have passed, it can grant alimony even if the trial court failed to do so. Sending the parties back would only prolong litigation that had already run for years, and the record was enough to decide the matter.
On quantum, the Court did not accept the husband’s claim of having no means. He had resigned voluntarily, continued to pay the car EMI and had himself offered Rs. 5 lakh. His non-disclosure “raises a doubt on the conduct of the husband in suppression of the actual income, which is within his special knowledge”, and the Court drew an adverse inference. Considering the length of the marriage and other circumstances, it held that “a sum of Rs.10,00,000.00 (rupees ten lakhs) as permanent alimony is just and reasonable”.
What the Court Actually Held
- Section 25 of the Hindu Marriage Act applies to “any decree” under the Act and is an ancillary, incidental power that can be exercised at or after the decree.
- An appellate court can grant permanent alimony itself where the trial court did not decide it; remand is not necessary when the record is sufficient.
- A husband who voluntarily resigns, keeps paying a car loan and does not disclose his true income invites an adverse inference about his means.
- The decree was modified: the husband must pay Rs. 10 lakh within three months, with the Rs. 5 lakh already deposited adjusted; the wife may seek release of the deposit, and there was no order as to costs.
Why This Judgment Matters
- Wives who accept a divorce decree can still pursue permanent alimony in appeal instead of starting fresh proceedings.
- It discourages spouses from pleading poverty by giving up employment during litigation.
- It reinforces that income lying within a party’s special knowledge must be disclosed honestly.
What Should Advocates Take Away From the Judgment?
For Spouses Seeking Alimony
- If the trial court did not decide alimony, the claim can be pressed before the appellate court.
- Place on record the other side’s past salary, loans and EMIs to show real capacity to pay.
For Counsel
- Rely on the reading of “any decree” in Section 25 to resist remand pleas.
- Advise clients that voluntary resignation and non-disclosure may lead to an adverse inference.
Key Takeaways
- Permanent alimony can be granted with or after any decree under the Hindu Marriage Act.
- Appellate courts can decide alimony themselves.
- Claimed unemployment does not defeat alimony where conduct suggests hidden capacity.
- Rs. 10 lakh fixed; Rs. 5 lakh deposit adjusted; balance within three months.
Frequently Asked Questions
Can permanent alimony be claimed after a divorce decree is passed?
Yes. The Orissa High Court held that Section 25 is an ancillary power that can be exercised at the time of the decree or subsequently.
Did the wife challenge the divorce?
No. She gave up that challenge on 24 April 2025 and limited her appeal to permanent alimony.
Does resigning from a job reduce a husband’s alimony liability?
Not necessarily. Here the Court found his claim of no income unconvincing and drew an adverse inference from his non-disclosure.
Conclusion
The ruling gives practical effect to Section 25 by letting appellate courts settle alimony without a fresh round of litigation, and it signals that voluntary unemployment will not easily shield a spouse from paying.
Practical takeaway: In a matrimonial appeal where alimony was left undecided, ask the High Court to fix it directly and build a record of the other spouse’s real earning capacity.
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