The case arose from a matrimonial proceeding initiated by the husband under the Hindu Marriage Act. The proceedings ultimately resulted in an ex parte divorce decree.

The wife had initially approached the District Court seeking to set aside the ex parte decree.

However, that application was dismissed.

Before the Madhya Pradesh High Court, she stated that she was no longer interested in pursuing the challenge to the divorce decree, particularly as the husband had subsequently remarried.

Her grievance was that the matrimonial court had not considered her claim for permanent alimony while passing the divorce decree.

She therefore sought an opportunity to pursue her claim for permanent alimony separately.

Justice Ramkumar Choubey held that a divorce decree does not automatically extinguish the right to seek permanent alimony under Section 25 of the Hindu Marriage Act.

Thus, the court granted liberty to the wife to file an application under Section 25 of the Hindu Marriage Act before the Matrimonial Court and disposed of the appeal.

Case Title: UB v LB, MA-2136-2016