In Brief
Rakesh Malhotra and Krishna Malhotra sought dissolution of their marriage solemnized in 1999. The wife filed for divorce and maintenance. A decree was passed in 2013 granting permanent alimony of Rs. 13,750 per month. Earlier, in 2005, the wife had filed a separate maintenance application under Section 125 of the Criminal Procedure Code, which was rejected. The wife challenged this rejection, and the High Court allowed it, granting an additional Rs. 5,000 per month. The husband appealed. The Supreme Court held that once permanent alimony is granted under the Hindu Marriage Act, any subsequent application for modification must be pursued under that Act, not under the CrPC. The Court allowed the appeal and set aside the High Court's order, directing the lower court to consolidate the pending First Appeal with all maintenance applications.
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