SUVARNALATA versus MOHAN ANANDRAO DESHMUKH & ANR.

Findings regarding appellant's alleged mental disorder are not sustainable; prayer for permanent alimony under Section 25 is justified; matter remitted for determination of respondent's income before fixing quantum of alimony.

Parties: Appellant: Suvarnalata; Respondent: Mohan Anandrao Deshmukh; Child: Naveli
Jurisdiction: India
Judgment Date: 05 April 2010
Procedural Posture: Civil Appeal / Appeal Pending Before Supreme Court; Records Remitted to Family Court for Additional Evidence
Outcome: Appeal adjourned and kept pending; delay condoned; matter remitted to Family Court to ascertain estimated income of respondent for final order on quantum of alimony
Legal Topics: Divorce, Permanent Alimony, Mental Disorder

Family Law Divorce Permanent Alimony Mental Disorder

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Suvarnalata

Appellant

Mohan Anandrao Deshmukh

Respondent

Naveli

Child

Procedural Posture

Civil Appeal / Appeal Pending Before Supreme Court; Records Remitted to Family Court for Additional Evidence

Legal Issues

1 Whether the findings relating to appellant's alleged mental disorder/schizophrenia are sustainable
2 Whether the claim for permanent alimony under Section 25 of Hindu Marriage Act is maintainable and justified

Ratio Decidendi

Court Disposition

Appeal adjourned and kept pending; delay condoned; matter remitted to Family Court to ascertain estimated income of respondent for final order on quantum of alimony

Orders

Records remitted to Judge, Family Court at Aurangabad to take additional evidence on estimated income of Respondent No.1 within two months
Parties directed to appear before Family Court on 26th April, 2010