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Supreme Court of India · 17/04/2018

JALENDRA PADHIARY versus PRAGATI CHHOTRAY

[2018] 3 S.C.R. 490 · 2018 INSC 351

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Summary

The Supreme Court set aside the Rs.15 lakh permanent-alimony determination because neither court supplied reasons or findings on the spouses’ financial capacities. It remanded quantum to the Family Court for fresh decision within six months, allowing amended pleadings and evidence if necessary. The unchallenged divorce decree remained final, and the husband had to continue the existing monthly maintenance pending determination. The Court expressed no view on the proper eventual alimony amount.

Issues

  1. Whether the permanent-alimony award was supported by adequate reasons and financial findings.
  2. What scope and interim arrangements applied on remand.

Held

Result

Appeal allowed; permanent-alimony determination set aside and quantum remanded for decision within six months. Divorce decree remains final; existing monthly maintenance continues subject to the eventual determination.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 490.