Sunday, August 31, 2025

Justice Bajanthri led bench directs both parties to peruse latest Supreme Court decisions on permanent alimony

In Nisha @ Nisha Om Prakash Yadav vs. Manish Sinha (2025), Patna High Court's Division Bench of Justices P. B. Bajanthri and Shailendra Singh passed a 2-page long order dated August 25, 2025 The Appellant-Nisha @Nisha Om Prakash Yadav gave a proposal of permanent alimony for a sum of Rs. 50,00,000/- (Rupees Fifty Lakh) and the residential premises (Flat No. A-603, Suresh Smruti, Prathamesh Complex, Veera Desai Road, Andheri West, Mumbai- 400053, Maharashtra) where she and her son are living, should be transferred in the name of her son. In this regard, Respondent - Manish Sinha, was directed to submit his stand in writing insofar as furnishing counter proposal, if any. 

Justice Bajanthri observed:"In order to give quietus to the litigation among the respective parties, both the parties are educated, therefore, they are requested to peruse the latest Supreme Court decisions in the case of Rajnesh vs. Neha reported in (2021) 2 SCC 324 read with Aditi alias Mithi vs. Jitesh Sharma reported in (2023) SCC Online SC 1451 read with Pravin Kumar Jain vs. Anju Jain reported in 2024 SCC OnLine 3678 (in Para 32) it relates to eight factors which are required to be determined for the purpose of determination of permanent alimony. Both the parties are requested to peruse the eight factors and determine tentatively and draw an inference what would be the permanent alimony other than the proposal of permanent alimony offered by the Appellant-Nisha @ Nisha Om Prakash Yadav and apprise." The matter is listed for further hearing on September 22, 2025.

Justice Bajanthri led bench gave similar 2-page long order dated August 25, 2025 in Manisha Kumari vs. Harendra Tiwary (2025)

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