1. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Interim mainenance - Normally the point of time granting maintenance pendente lite would be from the date of application - But, if specific claim is made in the application, then the order may be made operative in consonance with the prayer made in the application i.e. either from the institution of the suit in favour of the plaintiff or first appearance made by the parties - Therefore, Courts have the discretion of granting the maintenance from the date of filing the application. (173) P.L.R.  (Del.)
  2. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Interim maintenance - In considering an application for interim maintenance has to take into consideration the financial status of the parties, the earnings and the earning capacity of both the spouses - While granting maintenance, the spouse claiming maintenance should as far as possible be kept in the same status which he or she enjoyed while being in the matrimonial life with the other spouse - Also the family status is another aspect to be considered. (173) P.L.R.  (Del.)
  3. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Respondent never asked the trial Court to fix the maintenance to be paid to her - Nor was any separate application filed by the respondent before the trial Court to fix permanent alimony under Section 25 of the Act while passing a decree for divorce - It is found that the trial Court passed the above conditional order for dissolution of marriage subject to the deduction of 40% of salary of the appellant by the Army Authorities without affording an opportunity to both the parties to address such an issue - Both the parties are in fact satisfied with the decree of divorce granted by the trial Court - Findings regarding determination of permanent alimony - Set aside. (183) P.L.R.
  4. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Sine qua non for grant of permanent alimony and maintenance under this section is the prayer made in that regard whether in writing or orally - In other words, there can either be a separate written application claiming permanent alimony and maintenance under Section 25 of the Act or in the written statement or even by oral prayer. (178) P.L.R.  
  5. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Trial Court assessed the income of the respondent on the basis of his income tax returns - The income tax returns that have been produced are documents of assessments by the income tax authorities - Presumption of truth attaches to them though it is rebuttable - The presumption, however, cannot be rebutted by oral evidence only - Besides, the principle of Section 91 of the Evidence Act enjoins that in the face of documentary evidence, oral evidence is to be normally excluded from consideration - Evidence Act, 1872 (1 of 1872) S. 91. (174) P.L.R.  
  6. Hindu Marriage Act, 1955 (25 of 1955) S. 25 - Whether a petition under Section 25 of Act, is maintainable at the behest of the wife who alleges and obtains a decree of nullity of marriage - A wife who has been deceived into a marriage that is nullity, in our considered opinion would be entitled to maintenance under Section 25 of the Act. (182) P.L.R.
  7. Hindu Marriage Act, 1955 (25 of 1955) S. 25 (2) - Where the court is satisfied that due to change in the circumstances, the variation is required to be made in the permanent alimony and maintenance awarded by it earlier, it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (178) P.L.R.  
  8. Hindu Marriage Act, 1955 (25 of 1955) S. 25(1), (2), (3) - Scope of - Permanent alimony - Court can vary, modify or rescind any order made - In view of changed circumstances of either party on an application moved in that behalf - According to sub section (3) of Section 25 of the Act, in the event of the party in whose favour an order has been made under this section remarries or where such party is wife, she has not remained chaste and where such party is husband, he has had sexual intercourse with any women outside wedlock, the order at the instance of the other party may be varied, modified or rescinded in the manner as the court may deem fit. (178) P.L.R.