Gangula Saritha vs Gangula Narahari on 6 July, 2026

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    Telangana High Court

    Gangula Saritha vs Gangula Narahari on 6 July, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

            HIGH COURT FOR THE STATE OF TELANGANA
                        AT HYDERABAD
                HON'BLE SRI JUSTICE K. LAKSHMAN
                               AND
              HON'BLE JUSTICE B.R. MADHUSUDHAN RAO
                  FAMILY COURT APPEAL No. 214 OF 2015
                    ALONG WITH I.A.NOs.1 TO 4 OF 2026
    
    Date:06 .07.2026
    
    Between
    xxxxxxxxxxx                                                   ...Appellant
                                        And
    Xxxxxxxxxxx                                                  ...Respondent
    
    This Court passed the following
    
                           COMMON JUDGMENT:

    (Per Hon’ble Sri Justice K. Lakshman)

    Heard Smt.B.Neeraja Reddy, learned counsel for the

    SPONSORED

    appellant and Sri Vipul Garg, learned counsel appearing for the

    respondent.

    2. Feeling aggrieved and dissatisfied with the order and

    decree dated 17.10.2014 in O.P. No. 112 of 2013, passed by the

    Family Court-cum-Additional District Judge at Nizamabad, the

    Appellant-wife preferred the present appeal.
    2

    3. The Respondent-husband filed the aforesaid petition

    under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955

    (hereinafter, “the Act”) seeking dissolution of marriage with the

    Appellant-wife on the grounds of cruelty and desertion.

    4. The case of the Respondent-husband is that his marriage

    was performed with the Appellant on 07.05.2006 at Nizamabad. It

    was an arranged marriage, performed as per Hindu rites and

    customs in the presence of elders and relatives. The parties lived

    together happily for one month, and thereafter differences arose

    between them. The Appellant-wife harassed the respondent –

    husband to live separately from his family members. They stayed

    in a rented house at Borgam village. Thereafter, within one month,

    the Appellant-wife conceived, but continued harassing the

    Respondent-husband in petty matters.

    5. The Appellant-wife gave birth to a male child named

    Sharath Chandra on 20.02.2007. Even after the birth of the child,

    her attitude did not change. She beat the Respondent-husband with

    hands and also used her nails to scratch him several times. She did

    not cooperate with the Respondent-husband in leading a happy
    3

    matrimonial life. She refused to have a physical relationship with

    the husband, and thereafter left the matrimonial home without any

    reason or explanation and stayed at her parents’ home.

    6. Although the Respondent-husband approached her on

    various occasions, the Appellant-wife refused to accompany him.

    Thus, within one year of marriage, the Appellant-wife left her

    matrimonial home without informing the Respondent-husband and

    stayed at her parents’ house for three months. Later, when the

    Respondent-husband went to his in-laws’ house for celebrating

    “Oora Panduga”, he was not allowed to enter the house and his

    father-in-law abused him in filthy language, claiming that one

    Srinivas was his son-in-law, and not the Respondent. Further, the

    father-in-law threatened him stating that he would file a dowry

    case if he did not send the Appellant-wife to her parents’ home.

    7. Furthermore, the father-in-law also stated that his

    daughter was in love with her brother-in-law since a long time, and

    thus it is alleged by the Respondent that the marriage was

    performed by way of cheating and fraud. The Appellant-wife
    4

    permanently deserted the Respondent-husband on 17.06.2011,

    without any reasonable cause.

    8. Moreover, she filed a false case against her husband and

    his family members in Crime No. 301 of 2011 for the offences

    punishable under Sections 498-A & 506 of the Indian Penal Code,

    1860 (hereinafter, “the IPC“) and Sections 3 & 4 of the Dowry

    Prohibition Act. In addition to this, she also filed a Domestic

    Violence case.

    9. Subsequently, on 27.01.2012, a Panchayat was arranged at

    Padmashali Sangam at Borgaon, in the presence of caste elders.

    The elders who attended the said Panchayat did not belong to the

    caste of the Respondent-husband; they threatened to kill him and

    also created a galata. The elders of the Sangam sent a letter dated

    07.05.2012 to the Appellant’s father for resolving the issue.

    However, she rejected the said proposal vide letter dated

    13.05.2012 expressing her disinclination in resolving the issue as

    the matter was pending before the Court. Thereafter, another letter

    dated 22.05.2012 was sent, however, the Appellant-wife did not

    respond.

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    10. With the aforesaid contentions, the Respondent-husband

    sought dissolution of marriage on the grounds of cruelty and

    desertion.

    11. On the contrary, the Appellant-wife filed her counter

    denying the allegations made by the Respondent-husband. She

    contended that her parents presented net cash of Rs. 1,75,000/-, 1.5

    tulas of gold ring and chain, household articles worth Rs.

    1,00,000/-, and spent huge amount of money in performing the

    marriage. She contends that all the gold ornaments remain in the

    possession of the Respondent-husband.

    12. Further, she contended that the Respondent-husband

    demanded Rs.50,000/- from her father and also the registration of

    half portion of the house owned by her parents at Kotagalli,

    Nizamabad in his name. On failure to meet such demands, he

    threatened to kill her with a knife. He gorged a piece of cloth in her

    mouth and forcibly took her signatures on blank white papers. She

    also denied the allegations as to desertion and submitted that the

    Respondent-husband snatched her son, and necked her out from the

    house in the month of September 2011. Thus, she was living at her
    6

    parents’ house and she obtained the custody of her child with the

    assistance of police.

    13. With regard to the Panchayat, she stated that she along

    with her parents attended the Panchayat dated 27.01.2012 in the

    presence of caste elders. However, the Respondent-husband

    continuously made derogatory statements against her and her

    parents, and thus, the caste elders left the Panchayat without any

    conclusion on the dispute between the parties. Further, she

    contended that she suffered with mental agony on account of

    baseless allegations suspecting her character made by the

    Respondent-husband, which are defamatory in nature. Despite that

    she was ready to join the society of the Respondent for the sake of

    the minor child and to save the marriage.

    14. With the aforesaid contentions, she sought to dismiss the

    petition.

    15. To prove the grounds of cruelty and desertion, the

    Respondent-husband examined himself as P.W.1, and further

    examined P.W.2 to 6, and filed Exs. A1 to A6. P.W.2 is a Sangam

    member, P.W.3 is an elder from the Panchayat, P.W.4 is also a
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    Sangam member, P.W.5 is a neighbour residing at the Borgam

    village, and P.W.6 is the landowner/house owner. Ex. A1 is the

    wedding card; Ex. A2 is the ‘marriage photograph’; Ex. A3 is the

    letter dated 07.05.2012 attested by the President of the Sangam;

    Ex. A4 is the letter dated 13.05.2012 addressed to Bheemaraya

    Padmashali Sangam; Ex. A5 is the letter dated 22.05.2012 issued

    by the President of Bheemaraya Padmashali Sangam, Nizamabad

    to Pattana Padmashli Sangam; and Ex. A6 is the ‘CD’ consisting

    video related to non-cooperation of the Appellant in respect of

    family duties towards her son and husband.

    16. To disprove the claims of the Respondent-husband, the

    Appellant-wife examined herself as R.W.1. One of the caste elders

    was examined as R.W.2. She filed Ex. B1 (Oppanda

    Patramu/Lagna Patrika), which consists the details of the valuables

    presented to the Respondent during the marriage, i.e., Rs.

    1,75,000/- cash, 1.5 tulas of gold, a motorcycle, and household

    articles.

    17. On consideration of the said evidence, both oral and

    documentary, vide impugned order dated 17.10.2014, the learned
    8

    Family Court granted a decree of divorce on the grounds of cruelty

    and desertion by dissolving the marriage between the parties.

    Assailing the said Order, the Appellant-wife preferred the present

    appeal.

    18. We have heard Smt. Neeraja Reddy, learned counsel for

    the appellant and Sri Vipul Garg, learned counsel appearing for the

    respondent extensively.

    19. As discussed supra, the Respondent-husband filed the

    aforesaid OP under Section 13(1)(ia) and (ib) of the Act against the

    Appellant-wife seeking dissolution of marriage on the grounds of

    cruelty and desertion.

    20. Perusal of the record would reveal that there is no

    dispute regarding the marriage dated 07.05.2006 between the

    parties. There are specific allegations with regard to cruelty and

    desertion made by the Respondent herein. There are specific

    allegations with regard to dowry harassment and domestic violence

    made by the Appellant herein.

    21. P.W.1, the Respondent herein, repeated his averments as

    mentioned in the petition. In his cross-examination, it was elicited
    9

    that when he visited the house of the Appellant-wife for Oora

    Panduga, the child was six months old. Further, with regard to

    Panchayats, it was elicited that despite the presence of his caste

    Sangams in his village, he approached the Sangam of Nizamabad,

    as the Appellant-wife did not respond to the Sangam of his village.

    22. P.W.2, the President of the Padmashali Sangam,

    Gayathrinagar deposed about addressing Ex. A3 letter to

    Markandeya Sangam, Kotagally; receiving Ex. A4 reply from

    Bheemaraya Padmashali Sangam; and Ex. A5 letter addressing

    Pattana Padmashali Sangam. He further deposed that the President

    of Pattana Padmashali Sangam conducted a counselling session

    between the parties, however the counselling was not successful on

    account of non-cooperation of both the parties. In his cross-

    examination, it was further elicited that the Respondent herein was

    working as a Teacher in a Private School at Nizamabad. Moreover,

    he stated that the Respondent was also the Joint Secretary of the

    said Sangam.

    23. P.W. 3, Vice-President of the Padmashali Sangam

    deposed regarding the Panchayat dated 27.01.2012 held at
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    Padmashali Sangam at Borgam. He stated that since elders

    belonging to the other caste attended the Panchayat on behalf of the

    Appellant-wife, he requested them not to participate. However,

    those elders made an attempt to beat the mother of the Respondent-

    husband. Further, he deposed about a letter of the Bheemaraya

    Sangam addressed to the Sangam at Kotagally requesting to

    conduct counselling for the parties, however, the said Sangam

    refused to participate and no compromise was reached. Thereafter,

    the Appellant-wife lodged a complaint and left the child with the

    Respondent for six months. Later, on another police complaint, she

    obtained the custody of the child. In his cross-examination, it was

    elicited that the Appellant-wife lodged complaints twice; the first

    one was pertaining to pouring kerosene on her, and the second one

    was regarding the custody of the child.

    24. P.W.4, the President of the Padmashali Sangam, deposed

    that around five years ago, he along with few others conducted the

    Panchayat at Borgam village for around four to five times. Despite

    that the Appellant-wife left the company of the Respondent-

    husband, leaving the child with him. Further, he deposed that the
    11

    Appellant-wife brought persons belonging to other caste to the

    Panchayat. He also stated that the parties lived in a rented house at

    Nizamabad for four months, thereafter resided in their own house

    at Borgam village, then shifted to the house of Ega Srinivas, and

    later resided at the house of P.W.6. While residing at the house of

    P.W.6, Panchayats were conducted four times, and she was brought

    back to his house for three to four times. When she was questioned

    as to why she was frequently leaving the house of the Respondent-

    husband, she replied that she was staying at her sister’s house, and

    her husband should pick her up while returning home. In his cross-

    examination, he denied the suggestion that he brought gundas and

    was responsible for not conducting the Panchayat smoothly. He

    stated that the Appellant-wife left the company of the Respondent

    in January, 2012. It was also elicited that he did not file any ID

    card to show that he was the President of the Sangam at the

    relevant time.

    25. P.W.5, the neighbour residing at Borgam village also

    deposed regarding the parties living together in a rented house at

    Borgam, and thereafter at their residence in Nizamabad. He further
    12

    deposed regarding the parties residing in the houses owned by

    Potana, Srinivas Reddy, and Goud. He stated that the Appellant-

    wife left the company of the Respondent and got the custody of the

    child with the assistance of police. In his cross-examination, it was

    elicited that he deposed based on what he heard.

    26. P.W.6, Govind Goud, deposed that the parties lived in

    his house as tenants for two years. The Appellant-wife used to

    quarrel with the Respondent-husband, while he advised them to

    live amicably. He further deposed that she went to her parents’

    house, leaving her son at the Respondent’s house. He questioned

    her as to why she frequently left the house, but she never gave a

    proper reply. In his cross-examination, it was elicited that he did

    not file any proof to show that he was the owner of the house. He

    did not file the Rent Agreement executed by him and the

    Respondent before the Court.

    27. On the contrary, R.W.1, the Appellant herein, repeated

    her averments as mentioned in the counter. However, she made an

    improvement in her chief examination that on demand of money by
    13

    the Respondent-husband, her parents paid Rs. 50,000/- to him after

    the birth of the child.

    28. R.W.2, the Ex-Joint Secretary, Padmashali Sangam of

    Ashok Veedhi, Tharpa No.1, Kotagally, Nizamabad deposed with

    respect to Ex. B1 (copy of Lagnapatrika). He further deposed that

    the parents of the Appellant-wife gave Rs. 50,000/- to the

    Respondent-husband on the birth of their son. He stated that in the

    month of September 2011, the Respondent forcefully snatched the

    minor son and necked the Appellant out of his house, and since

    then she has been residing at her parents’ house. He also deposed

    about the Panchayat convened on 27.01.2012, wherein the

    Respondent-husband and his supporters created galata in the

    Sangam. He also referred to the letter received from Bheemaraya

    Padmashali Sangam for settlement of disputes between the parties,

    however, as the Respondent-husband did not belong to the said

    Sangam, they did not respond.

    29. The Learned Family Court on consideration of the

    material on record and evidences, both oral and documentary,
    14

    elaborately discussed the same, and gave findings on several

    aspects.

    30. As discussed supra, the Respondent-husband filed the

    aforesaid petition against the Appellant-wife seeking dissolution of

    marriage on the grounds of cruelty and desertion. Therefore, he has

    to plead and prove the same, by producing reliable and cogent

    evidence.

    31. It is apt to note that ‘cruelty’ is not defined in any statute.

    This Court has to consider the allegations made by the Respondent-

    husband evidence both oral and documentary and assess as to

    whether the same amounts to cruelty or not.

    32. It is also relevant to note that the Hon’ble Supreme Court

    in Samar Ghosh v. Jaya Ghosh1 observed that human mind is

    extremely complex and human behaviour is equally complicated.

    Similarly human ingenuity has no bounds; therefore, to assimilate

    the entire human behaviour in one definition is almost impossible.

    What is cruelty in one case may not amount to cruelty in other

    case. The concept of cruelty differs from person to person

    1
    (2007) 4 SCC 511.

    15

    depending upon his upbringing, level of sensitivity, educational,

    family and cultural background, financial position, social status,

    customs, traditions, religious beliefs, human values, and their value

    system.

    33. In Rakesh Raman v. Smt. Kavita 2, the Hon’ble

    Supreme Court observed that Matrimonial cases before the Courts

    pose a different challenge, quite unlike any other, as we are dealing

    with human relationships with its bundle of emotions, with all its

    faults and frailties. It is not possible in every case to pin point to an

    act of cruelty or blameworthy conduct of the spouse. The nature of

    relationship, the general behaviour of the parties towards each

    other, or long separation between the two are relevant factors

    which a Court must take into consideration.

    34. In Naveen Kohli v. Neelu Kohli3, the Hon’ble Supreme

    Court held that cruelty is a course or conduct of one, which is

    adversely affecting the other. The cruelty may be mental or

    physical, intentional or unintentional. The cruelty alleged may

    largely depend upon the type of life the parties are accustomed to
    2
    2023 SCC OnLine SC 497.

    3

    (2006) 4 SCC 558.

    16

    or their economic and social conditions and their culture and

    human values which they attach importance. Each case has to be

    decided on its own merits.

    35. In Sonal Talpada v. Veerbhan Singh4, the Supreme

    Court observed that marriage, in its legal and constitutional

    dimension, can never be reduced to a mere contractual intersection

    of individual rights, nor can it be viewed strictly through the

    narrow lens of a petition for conjugal rights. It is a deeply personal

    and social partnership built on mutual respect, shared expectations

    and equal responsibility. When two parties enter into matrimony,

    they weave a tapestry of interdependence that demands a

    continuous balancing of interests. Conjugal rights do not exist in a

    vacuum; they are the structural counterparts to conjugal duties. To

    demand the fulfillment of the former while willfully abandoning

    the sanctity of the latter is to undermine the very essence of the

    institution. Matrimony, therefore, is not a one-sided right to be

    enforced, but a shared covenant of emotional support, fidelity,

    4
    2026 SCC OnLine SC 1063
    17

    responsibility and care, where the rights of one are always tied to

    the duties they owe to the other. Persistent withdrawal from the

    foundational aspects of marriage may have legal consequences

    while evaluating allegations of mental cruelty.

    36. In the light of the aforesaid principle laid down by the

    Apex Court, coming to the facts of the case on hand, it is not

    disputed that the parties got married on 07.05.2006. Out of the

    wedlock, a male child named Sharath Chandra was born on

    20.02.2007. However, the parties lived together happily only for a

    short period. The period for which they lived together is disputed.

    37. As discussed supra, it is the Respondent-husband who

    has to plead and prove cruelty. According to him, the Appellant-

    wife used to go to her parents’ house frequently and did not stay

    with him. He was harassed by her both mentally and physically.

    Moreover, his father-in-law abused him in filthy language when he

    visited their house for the “Oora Panduga”. Initially, she left the

    house of the Respondent, leaving their child with him. Later, with

    the assistance of police, she obtained the custody of the child. He

    was informed by his father-in-law that the Appellant had an affair
    18

    with her brother-in-law even before the marriage. The Appellant

    also claimed that she did not need a husband, and she did not

    conceive through him. Moreover, she filed false criminal cases of

    dowry harassment and domestic violence against him and his

    family members.

    38. Perusal of the evidence on record i.e., Exs. A3 to A5

    would reveal that the Respondent-husband made attempts to

    resolve the disputes between parties by convening Panchayats. The

    Panchayat convened on 27.01.2012 did not yield any result, but the

    reason for its failure is disputed.

    39. Basis the depositions of P.W.1, P.W.4 and P.W.6, it can

    be observed that the Appellant-wife deserted the Respondent, as

    she frequently went to her parents’ house and did not stay with her

    husband. She did not even give any proper explanation for the

    same. She stayed with the Respondent only for a short period of

    time after marriage. She chose to stay at either her sister’s house at

    Nandipet, or her parents’ house. Appellant (R.W.1), R.W.2, during

    their cross-examination admitted that Appellant left the company

    of respondent in September, 2011. However, according to them,
    19

    she was forced to leave the company of respondent. During cross-

    examination, R.W.1 (wife) categorically admitted that after her

    marriage, she joined the respondent – husband, lived in in-law’s

    house. She blessed with a son in the year 2007 while she was

    staying in the said house. She lived in her in-law’s house till 2008

    after the marriage. They lived in a rented house of Srinivasa Reddy

    for some time after 2008 of the same village. They lived in the said

    house on rent for five or six months. Thereafter, they shifted the

    residence to her in-law’s house till the criminal case is filed.

    Moreover, it is pertinent to note that the Appellant-wife did not file

    any petition under Section 9 of the Act, for restitution of conjugal

    rights. R.W.2 evidence is not useful to the appellant to disprove the

    cruelty and desertion. On the other hand, respondent – husband

    examined P.Ws.2 to 6 to specifically depose about the desertion on

    17.06.2011. Respondent made all efforts to bring her back but the

    same became futile. It is also not in dispute that at the instance of

    appellant, police registered a case against the respondent and his

    family members for the offences punishable under Section 498-A

    of IPC and 506 of IPC and under Section 3 and 4 of the Dowry
    20

    Prohibition Act. The police arrested the respondent, he was in jail

    for five days. The Investigating Officer, on completion of

    investigation, laid charge sheet against the respondent and deleted

    the names of brother and sisters of the respondent. It is also not in

    dispute that appellant had also filed an application under Section

    12 of the Domestic Violence Act. Caste elders of the appellant and

    respondent tried to resolve the issues and they could not. The said

    facts would reveal that the appellant deserted the respondent and

    subjected him to cruelty. As discussed supra, at the cost of

    repetition, appellant did not file any application under Section 9 of

    the Act, seeking restitution of conjugal rights. This shows that she

    did not intend to resume marital life with the Respondent.

    40. In the present case, it is apt to note that when the O.P.

    was filed, the Appellant was 27 years old and the Respondent was

    31 years old. At present, they are 40 years old and 44 years old

    respectively. They have been living separately for more than 15

    years. There is irretrievable breakdown of marriage. There is no

    dispute that neither the Family Court nor this Court can grant

    decree of divorce on the ground of irretrievable breakdown of
    21

    marriage. However, the said aspects can be considered along with

    the other aspects. It is also not in dispute that cruelty is not defined

    in any statute, however, the Family Court and this Court can

    consider the allegations made by the husband seeking divorce and

    see as to whether the same amounts to cruelty.

    41. On appreciation of the said evidence, both oral and

    documentary, the learned Family Court held that it is a fit case for

    granting divorce. It is a reasoned order and well founded.

    Appellant herein failed to make out any case to interfere with the

    said order.

    42. The Appellant-wife filed I.A. No. 1 of 2026 in the

    present appeal to receive additional evidence to contend that the

    attitude of the Respondent herein in respect of non-payment of

    maintenance even after lapse of eleven years from the decree of

    divorce being granted. She sought to place additional evidence in

    respect of the miscellaneous petitions filed by her for recovery of

    maintenance amount. Further, she sought this Court to grant

    permanent alimony in the interest of justice. If the respondent fails

    to pay the maintenance as awarded by the learned Magistrate in
    22

    DVC and in an application filed under Section 125 of Cr.P.C., it is

    for the Appellant to take steps in accordance with law. In the light

    of the aforesaid discussion and that the order passed by the learned

    Family Court is reasoned, there is no error in it, this application is

    liable to be dismissed and accordingly dismissed.

    43. The Respondent-husband also filed I.A. No. 2 of 2026 in

    the present appeal to receive additional evidence regarding the

    subsequent developments that took place pertaining to the criminal

    cases and the maintenance case filed against him by the Appellant

    herein, after the judgment was passed in O.P. No. 112 of 2013. As

    discussed supra, we have held that the impugned order passed by

    Family court is reasoned, this application is dismissed.

    44. Further, the Respondent filed I.A. No. 3 of 2026 stating

    that the Appellant-wife made intentionally false statements

    regarding non-payment of maintenance in her affidavit in I.A. No.

    1 of 2026, and thereby committed the offence of perjury under

    Sections 227, 229, 236, and 246 of the Bharatiya Nyaya Sanhita,

    2023. He sought to register a criminal case against the Appellant

    herein for perjury under Section 379 r/w Section 215 of the
    23

    Bharatiya Nagarika Suraksha Sanhita, 2023. As discussed supra,

    we have confirmed the order passed by the Family Court granting

    divorce and therefore, we are not inclined to delve into the aspect

    of perjury. Thus, I.A. No. 3 of 2026 is accordingly dismissed.

    45. Subsequently, the Appellant-wife filed I.A. No. 4 of

    2026, seeking an amount of Rs. 50,00,000/- towards permanent

    alimony. She has filed the said application under Section 151 of

    CPC. Appellant contended that respondent did not pay the

    maintenance amount awarded by the learned Magistrate and also

    referred about the petitions filed under Section 125(3) of Cr.P.C.,

    Crl.R.C. No.1914 of 2018 etc. Respondent is a practising advocate

    and he is earning lot of money and therefore, she is entitled for the

    said amount of Rs.50,00,000/-. Respondent disputed the same.

    Therefore, there are disputed facts. However, no separate

    application was filed under Section 25 of the Act, seeking

    permanent alimony. The said provision expressly mentions that a

    party seeking permanent alimony has to make an application for

    the same and prove the claim of permanent alimony by producing

    the evidence including filing of affidavits disclosing the assets and
    24

    liabilities of the parties. In the present case, the Appellant has not

    filed any application. If the Appellant wants permanent alimony,

    she may make an application as required under the Section 25 of

    the Act before the appropriate forum, adduce evidence both oral

    and documentary in support of the same.

    46. In Sukhdev Singh vs. Sukhbir Kaur5, three Judge

    Bench framed the following questions:

    (i) Whether a spouse of a marriage declared as void by a competent
    Court under Section 11 of the 1955 Act is entitled to claim
    permanent alimony and maintenance under Section 25 of the
    1955 Act?

    (ii) Whether in a petition filed seeking a declaration under Section 11
    of the 1955 Act, a spouse is entitled to seek maintenance
    pendente lite under Section 24 of the 1955 Act?

    47. Accordingly, the Apex Court answered the above

    questions as follows:

    (i) A spouse whose marriage has been declared void under Section
    11 of the 1955 Act is entitled to seek permanent alimony or
    maintenance from the other spouse by invoking Section 25 of the
    1955 Act. Whether such a relief of permanent alimony can be
    granted or not always depends on the facts of each case and the
    conduct of the parties. The grant of relief under Section 25 is
    always discretionary; and

    (ii) Even if a court comes to a prima facie conclusion that the
    marriage between the parties is void or voidable, pending the

    5
    (2025) SCC OnLine SC 299
    25

    final disposal of the proceeding under the 1955 Act, the court is
    not precluded from granting maintenance pendente lite provided
    the conditions mentioned in Section 24 are satisfied. While
    deciding the prayer for interim relief under Section 24, the Court
    will always take into consideration the conduct of the party
    seeking the relief, as the grant of relief under Section 24 is
    always discretionary.

    48. Thereafter, the Supreme Court in Sukhdev Singh vs.

    Sukhbir Kaur6, considering the scope and ambit of Section 25 of

    the Hindu Marriage Act, held that the relief of permanent alimony

    can be granted in the matters of decrees under Section 11 of the

    Act, as well. However, it depends on the facts of the case and

    conduct of the applicant. The Court has to take into consideration

    the conduct of the party seeking the relief and the relief is always

    discretionary. Since the application for interim maintenance was

    raised by the wife in the first appeal before the High Court, there

    was no evidence before the Court to decide on the aspect of

    maintenance and quantum. Thus, the matter was referred back to

    the Family Court to decide in respect of grant of interim

    maintenance and permanent alimony under Sections 24 and 25 of

    6
    Order dated 04.06.2026 in Civil Appeal Nos.2536 and 4726 of 2019
    26

    the Act, after giving due opportunity to the parties for leading

    evidence.

    49. In the light of the same, as discussed supra, even in the

    case on hand, there was no application filed by the appellant – wife

    before the Family Court under Section 25 of the Act, seeking

    permanent alimony. Even in the present appeal, she did not file any

    application under Section 25 of the Act, seeking permanent

    alimony. She has filed the aforesaid application under Section 151

    of CPC, seeking permanent alimony of Rs.50 Lakhs for the first

    time. The appellant herein did not file any supporting documents

    or material in support of her claim of Rs.50 Lakhs, towards

    permanent alimony. Therefore, in the absence of the same, more

    particularly, affidavits declaring assets and liabilities of the parties

    as held by the Apex Court in Rajnesh vs. Neha7, this Court is not

    in a position to decide the quantum and permanent alimony as

    claimed by the appellant.

    50. In this regard, reference may be made to the decision of a

    Division Bench of the Madhya Pradesh High Court in Kuldeep

    7
    2021) 2 SCC 324,
    27

    Rai v. Smt. Rita 8. Therefore, in the present case, in the absence of

    a specific application, we are not inclined towards awarding

    permanent alimony to the Appellant-wife. Thus, I.A. No. 4 of 2026

    is accordingly dismissed.

    51. In the light of the above, the impugned Order dated

    17.10.2024 passed by the learned Family Court in O.P. 112 of 2013

    dissolving the marriage of the Appellant-wife with the Respondent-

    husband solemnized on 07.05.2006 by way of granting divorce,

    does not warrant any interference. Therefore, this Appeal is liable

    to be dismissed, and is accordingly dismissed confirming the order

    dated 17.10.2024 passed in O.P. 112 of 2013 by the learned Family

    Court-cum-Additional District Judge at Nizamabad dissolving the

    marriage of the Appellant-wife with the Respondent-husband

    solemnized on 07.05.2006 by way of granting divorce. However,

    liberty is granted to the Appellant-wife to seek permanent alimony

    by initiating appropriate legal proceedings. As discussed supra,

    I.A.Nos. 1 to 4 of 2026 are dismissed. However, there is no order

    as to costs.

    8

    2024 SCC OnLine MP 9656.

    28

    Consequently, miscellaneous applications, if any, pending in

    the appeal shall stand closed.

    ___________________________
    JUSTICE K. LAKSHMAN

    ____________________________________
    JUSTICE B.R.MADHUSUDHAN RAO

    Date:6th July, 2026
    vvr



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