S. 25 HMA | SC stays Gujarat HC order remanding matter to Family Court for reconsideration on issue of Permanent Alimony; Issues notice

Supreme Court: While considering the instant special leave to appeal concerning Gujarat High Court’s decision in Darshankumar v. Bhavika Darshankumar Kalani, 2025 SCC OnLine Guj 1260, whereby the High Court had quashed the judgment and order of the Family Court, Vadodara, dated 16-01-2019 and remanded the matter to the Family Court over the issue of permanent alimony; the Division Bench of Ahsanuddin Amanullah and Prashant Kumar Mishra, JJ., issued notice in the matter and put a stay on the High Court’s direction to remand the matter to the Family Court over issue of permanent alimony.

The Division Bench of Gujarat High Court comprising of Biren Vaishnav, A.C.J. and Hemant M. Prachchhak, J. were hearing a matter where the Family Court while decreeing the dissolution marriage directed the appellant to pay a sum of Rs. 70 lakhs towards permanent alimony to the respondent-wife under Section 25 of the Hindu Marriage Act, 1955 (HMA). The appeal before the High Court was filed only to the extent that the Family Court directed payment of permanent alimony.

Perusing the matter, the High Court had stated that language of Section 25 indicates that the words are very clear, inasmuch as, it says that on the question of permanent alimony, there has to be an application to be made for such purposes. However, in the facts of the case, not even an oral request for permanent alimony was made. The High Court had further observed that the Family Court had specifically opined that that neither of the parties were willing to disclose their income and resources though, documents on record suggested otherwise.

Therefore, the High Court in para 6 of the impugned judgment had quashed the judgment of the Family Court and remanded to the Family Court, Vadodara, to decide the issue of permanent alimony afresh by directing the appellant and the respondent to examine themselves orally and by leading their evidence, oral as well as documentary.