Permanent Alimony May Be Claimed Even After Divorce Decree: Madhya Pradesh High Court

Whether a wife could pursue permanent alimony after deciding not to disturb an ex parte divorce decree

The District Court had dismissed her Order IX Rule 13 CPC application to set aside the ex parte decree. Before the High Court she accepted that the husband had remarried and limited her request to alimony. The husband referred to property given to their daughter and ₹5,000 monthly maintenance under Section 125 CrPC.

Issue and applicable law

The central question was whether a wife could pursue permanent alimony after deciding not to disturb an ex parte divorce decree.

Relying on Surajmal Ramchandra Khati and Patel Dharamshi Premji, the Court held that permanent alimony may be sought incidentally and need not invariably begin through a separate technical application.

Court's reasoning

The Court held that Section 25 expressly permits an alimony order at the time of any decree or at any later time. Its principal reason was that the protective provision should not be read narrowly, and a concluded divorce does not extinguish the matrimonial court's continuing power to assess support.

Decision and practical effect

The wife received liberty to file a Section 25 application before the matrimonial court, and her appeal was disposed of.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: UB v. LB
• Court: Madhya Pradesh High Court
• Case number or citation: Miscellaneous Appeal No. 2136 of 2016; 2026 LiveLaw (MP) 357
• Judges: Justice Ramkumar Choubey
• Advocates: For wife: Pradeep Kumar Naveria; for husband: Rahul Kumar Tripathi
• Source: https://www.livelaw.in/high-court/madhya-pradesh-high-court/wife-can-seek-permanent-alimony-after-divorce-section-25-hindu-marriage-act-549170