Children cannot claim any amount of permanent alimony under S. 25 of Hindu Marriage Act: Kerala High Court

The High Court of Kerala, through learned judges, Justice Mohamed Mustaque and Justice Sophy Thomas held that children cannot claim any amount of permanent alimony under S. 25 of Hindu Marriage Act in the case P.V.G. Menon vs Anjana Menon (MAT.APPEAL NO.759 OF 2018)

BRIEF FACTS OF THE CASE: The husband is the petitioner in this case and he had appealed against the decision of the family court, The marital life of the appellant and the respondent his wife was miserable due to various issues of the appellant. In 2011, the wife and her children moved out of the house and she filed a decree for judicial separation, permanent alimony, compensation and injunction under Section 10, 24, 25 of the Hindu Marriage Act and under Section 18. 20(1)(d) & 26 of the Domestic Violence Act. The family court found that respondent was entitled to a decree for judicial separation, monthly separation, maintenance of Rs 20,000, compensation of Rs 5 lakhs and injunction prohibiting the appellant from alienating the scheduled property. Monthly maintenance of Rs 15,000 was awarded to the children. 

JUDGEMENT: The court held that only the wife/husband is entitled for permanent alimony as per Section 25 of the Hindu Marriage Act, and the children will not get any amount under that head. The High Court stated that order to pay monthly maintenance to the children at the rate of Rs 15,000 was to be set aside, reserving their right to approach the Family Court with a separate petition for enhancement of maintenance if they propose to do so. Taking the financial capacity of the appellant and properties and buildings owned by him, the Court found it just and proper to award a lump sum amount of Rs 30 lakhs as permanent alimony instead of the monthly maintenance of Rs 20,000 ordered by the Family Court. The court further remarked that the injunction granted by the Family Court was against the ideals of Section 25 of the Hindu Marriage Act.


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