Section 25: Permanent Alimony and Maintenance

Section 25(1)

Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

Section 25(2)

If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

Section 25(3)

If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may, at the instance of the other party, vary, modify or rescind any such order in such manner as the court may deem just.

Explained:

Section 25 of the Hindu Marriage Act, 1955 deals with permanent alimony and maintenance between spouses. It empowers the court to order financial support to either the husband or the wife, depending on the circumstances of the case. The primary objective is to ensure that a financially dependent spouse can maintain a reasonable standard of living after matrimonial proceedings.

What Does Section 25 Provide?

Under Section 25, the court may grant permanent alimony when passing a decree under the Act or at any time after the decree. The court can direct the respondent to pay a lump-sum amount or monthly or periodic payments for a period not exceeding the applicant’s lifetime.

While deciding the amount, the court considers the income and property of both parties, their financial needs, conduct and other relevant circumstances. Where necessary, the payment may also be secured by creating a charge on the respondent’s immovable property.

Section 25 is gender-neutral, meaning either spouse can apply for maintenance if the legal requirements are satisfied. However, the award is not automatic; the court exercises its discretion after examining the facts and evidence.

Modification or Cancellation of Maintenance

Under Section 25(2), the court may vary, modify or cancel a maintenance order if there is a material change in the circumstances of either party. Section 25(3) also provides grounds for modifying or cancelling an order in specified circumstances, including the remarriage of the beneficiary.

Important Judgments on Section 25

1. Chand Dhawan v. Jawaharlal Dhawan (1993)

The Supreme Court examined the scope of permanent maintenance under the Hindu Marriage Act and distinguished it from maintenance remedies available under other laws. The judgment explains the relationship between matrimonial relief and maintenance proceedings.

2. Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005)

The Supreme Court held that permanent alimony under Section 25 may be granted even where the marriage has been declared void under Section 11 of the Act.

3. Rajnesh v. Neha (2020)

The Supreme Court laid down important guidelines for maintenance proceedings, including financial disclosures, assessment of income and adjustment of maintenance awarded under different laws.

Section 25 therefore provides an important legal remedy for financial support following matrimonial proceedings, with the final decision depending on the evidence and circumstances of each case.