Permanent Alimony Cannot Be Adjudicated For First Time On Appeal Without Pleadings, Evidence Before Trial Court: Chhattisgarh High Court
The Chhattisgarh High Court has held that Permanent alimony cannot be adjudicated for the first time in appellate jurisdiction when no claim was made before the trial court and no evidence was led in support of it. The Court observed that the amount of permanent alimony is to be determined after due consideration of the relevant circumstances.
A division bench of Justice Parth Prateem Sahu and Justice Sushma Sawant was hearing an appeal filed by the wife against the Family Court's decree granting divorce to her husband on the ground of cruelty, without granting her permanent alimony.
The wife contended in appeal that the Family Court had failed to consider her claim for permanent alimony and sought determination of the claim keeping in view the husband's income, her needs and those of the minor daughter, and the status and standard of living of the parties.
The Court noted that though the present petition has been filed on the grounds of cruelty, desertion and adultery, the principal allegations relate to cruelty, and the Trial Court framed an issue only with regard to cruelty. It further noted that the appellant/defendant wife did not oppose the framing of the issue and raised only a formal objection with regard to the finding of cruelty.
The Court held that the wife's alleged closeness with another person and making allegations against the husband of having an illicit relationship with another woman without sufficient basis would constitute mental cruelty towards the husband.
The Court noted that although both parties had filed affidavits regarding their financial circumstances in terms of the directions in Rajnesh v. Neha, the wife had neither made a specific claim for alimony before the Family Court nor led any evidence in support of it.
“It is significant that the wife did not make any application seeking alimony before the Family Court, nor did she place any evidence on record in support of such claim. In such circumstances, the claim for alimony cannot appropriately be adjudicated by this Court for the first time in appellate jurisdiction…” the Court observed.
Accordingly, the appeal was dismissed.
Case Title: Smt. Ekta Vishwas v. Devashish Vishwas [FA(MAT) No. 8 of 2025]