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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 divorce case under the Hindu Marriage Act, 1955, the Supreme Court set aside a permanent alimony award of Rs.15,00,000/- made by the Family Court and upheld by the High Court. The Court found that both lower courts had failed to pass reasoned orders—they made no findings on the financial earning capacity of either spouse or justification for the amount. The Court emphasised that reasoned judgments must discuss facts, issues, submissions, applicable law, and evidentiary findings. The case was remanded to the Family Court to redetermine the alimony quantum afresh in accordance with law and proper judicial reasoning.

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Family Law Divorce Alimony/Maintenance Hindu Marriage Act Judicial Reasoning Civil Procedure

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