SANGEETA VIJ Vs. SANJAY VIJ

JUDGEMENT

(1.) IN all these appeals, the decree of divorce granted by the learned Trial Court to husband is under challenge by the wife During the pendency of the appeals, the appellants are seeking to invoke Section 25 of the Hindu Marriage Act to claim permanent alimony. In MAT. APP. 35/2010, FAO 369/1996, MAT. APP. 47/2005, 33/2010, 8/2013 and FAO 297/1997, the appellants have filed application under Section 25 of the Hindu Marriage Act. Let the reply to the said applications be filed within four weeks. In MAT. APP. 64/2007, 124/2010 and 36/2012, the appellants seek two weeks time to file the application under Section 25 of the Hindu Marriage Act.

(2.) LET all the parties file their affidavits of assets, income and expenditure from the date of the marriage upto this date within two weeks. The affidavits shall contain all the particulars mentioned in para 7 and shall be accompanied with documents mentioned in para 8 of Puneet Kaur v. Inderjit Singh Sawhney, : 2011 (183) DLT 403. The affidavit shall also contain particulars of properties mentioned in Section 27 of the Hindu Marriage Act. The response to the affidavits be filed within a period of two weeks thereafter.

(3.) THE Hindu Marriage Act is a complete code which codifies all the rights, liabilities and obligations arising from a matrimonial tie. Section 25 of the Hindu Marriage Act, 1955 provides a very important right of permanent alimony and maintenance to the wife which can be invoked either at the time of passing of the decree by the Trial Court or at any time subsequent thereto. Section 21 -B of Hindu Marriage Act provides for an expeditious trial to be concluded within a period of six months. However, the disposal of petitions before the Trial Courts take many years. The main reason for such delay is that the decision on the application for maintenance under Section 24 itself takes more than a year whereas proviso to Section 24 provides that the application should be disposed of within 60 days. This is a matter of serious concern. Considering the importance of Sections 21 -B, 23 -A and 24 to 27 of the Hindu Marriage Act, this Court appointed the amicus curiae who have given valuable suggestions.