A single judge of Bombay HC at Nagpur bench held that a Permanent Alimony application can be either oral or written.
From Para 9,
9. The Madras High Court in the case of Umarani Vs. D. Vivekannandan reported in 2000 SCC Online Mad 50 held that there is no need of written application under Section 25 of the Hindu Marriage Act, 1955 and permanent alimony and maintenance can be granted on the basis of oral application.
From Para 11,
11. This Court in the case of Sadanand Sahadev Rawool Vs. Sulochana Sadanand Rawool reported in 1989 SCC Online Bom 5 held that Section 25 of the Act when it speaks of an application does not specify that the same has to be in writing. An application can be in writing as also by word of mouth. Although this judgment is overruled by the Apex Court on the point of entitlement of the spouse to claim permanent alimony and maintenance even if the the court dismisses the petition and does not pass any decree as contemplated in Section 25 of the Act.
Finally from Para 22,
22. For the reasons aforestated, in the opinion of this Court, the ‘application’ as referred to in Section 25 of the Act implies any application either in writing or oral for the prayer of permanent alimony and maintenance. The mode and form of the application u/s 25 of the Act for claiming permanent alimony is immaterial. What is essential is the material before the court to decide the same. The court cannot pass any order of permanent alimony and maintenance in vacuum. The court has to consider the parameters as guided in the provision itself. The relief is incidental in nature and it is not the substantive relief.
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