Section 25 of Hindu Marriage Act, 1955
🔹 Section 25 – Permanent Alimony and Maintenance
âś… What It Provides:
Section 25 of the Hindu Marriage Act empowers the court to grant permanent alimony and maintenance to either spouse (husband or wife) after a decree is passed in a matrimonial case—such as divorce, judicial separation, or annulment.
đź“ś Text Summary (Simplified):
Who can apply?
Either the wife or the husband.
When can it be applied?
After any decree under the Act — such as:
Divorce
Judicial separation
Annulment of marriage
Restitution of conjugal rights
What can the court order?
The court may order the respondent (the other spouse) to pay maintenance:
Lump sum or
Periodic payments (monthly/annually)
For life or for a fixed period.
Factors considered by the court:
Income and property of both parties.
Conduct of the parties.
Other relevant circumstances.
⚠️ Modification or Cancellation:
If the receiving party remarries, or if the court finds that:
They are not chaste (for a woman), or
Engaged in sexual relations outside marriage (for a man),
The court may modify or cancel the maintenance order.
đź“Ś Key Points:
| Aspect | Explanation |
|---|---|
| Applicable to | Both husband and wife |
| When | After passing of any decree under the Act |
| Type of maintenance | Lump sum or periodic (monthly/yearly) |
| Considerations | Income, property, conduct, and circumstances |
| Change in circumstances | Order can be altered or revoked if conditions change |
⚖️ Important Case Law:
Shail Kumari Devi v. Krishan Bhagwan Pathak (2008)
➤ Supreme Court held that wife is entitled to maintenance even after divorce if she cannot maintain herself.
Dr. Kulbhushan v. Raj Kumari (1970)
➤ The court must consider the status, income, and reasonable needs of the parties.
K. Srinivas Rao v. D.A. Deepa (2013)
➤ The conduct of the parties (like cruelty, desertion) is relevant in determining maintenance.
âś… Conclusion:
Section 25 of the Hindu Marriage Act is a gender-neutral provision for permanent financial support to the economically weaker spouse after marital breakdown. It aims to ensure social and economic security, especially for women, but also applies to husbands in need.
Do write to us if you need any further assistance.
RELATED Blog
0 comments