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Supreme Court of India 2018-04-17 allowed

Jalendra Padhiary vs Pragati Chhotray

Bench: 2 — Abhay Manohar Sapre

In Brief

In this matrimonial dispute, the husband sought cancellation of a permanent alimony award of Rs.15 lakhs imposed by the Family Court following divorce on grounds of desertion and cruelty. The Supreme Court allowed the appeal, finding that both the Family Court and High Court had passed unreasoned orders without discussing the parties' financial capacities or providing any reasoning for the quantum fixed. The Court held that courts must issue reasoned orders containing factual narration, issues identified, submissions heard, legal principles applied, and findings based on evidence before awarding alimony. The matter was remanded to the Family Court to decide alimony quantum afresh, with the husband required to continue paying interim monthly maintenance pending final determination.

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Family Law Matrimonial Disputes Alimony Judicial Review Reasoned Orders

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