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.

📜 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.

📌 Key Points:

AspectExplanation
Applicable toBoth husband and wife
WhenAfter passing of any decree under the Act
Type of maintenanceLump sum or periodic (monthly/yearly)
ConsiderationsIncome, property, conduct, and circumstances
Change in circumstancesOrder 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.

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