Permanent alimony can only be asked under S.12 of the Hindu Marriage Act. The Bombay High Court in the case of Bhausaheb Magar v. Leelabai Magar has held that permanent alimony cannot be asked for under S. 11 of the Hindu Marriage Act, it can only be asked for under S.12 of the Hindu Marriage Act. S. 11 of the Hindu Marriage Act deals with void marriages whereas S. 12 deals with voidable marriages. The Court has held that the provision of permanent alimony cannot be construed liberally to include "illegitimate wife" for the grant of alimony. It is only a legally wedded wife who shall be entitled to seek permanent alimony.
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