Hindu Marriage Act, Section 25: Permanent Alimony and Maintenance
Code:
(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.
(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.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married 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.
Explanation:
This section deals with the provision of permanent alimony and maintenance to either spouse during or after a divorce. It empowers the court to order the respondent (the party against whom the decree is passed) to pay a lump sum or regular payments to the applicant (the party seeking maintenance) for their support.
Key Points:
- The court considers the respondent’s income and property, the applicant’s income and property, the conduct of both parties, and other relevant circumstances while deciding the amount of alimony.
- The court can order the payment to be secured by a charge on the respondent’s immovable property if necessary.
- The court can modify or cancel the alimony order if there’s a change in the circumstances of either party.
- If the applicant remarries, or in the case of a wife, if she doesn’t remain chaste, or in the case of a husband, if he has sexual intercourse with another woman outside wedlock, the court can modify or cancel the alimony order.
Illustration:
A wife files for divorce from her husband. The court grants the divorce and orders the husband to pay Rs. 50,000 per month as permanent alimony to his wife. The court considers the husband’s higher income and the wife’s lack of employment opportunities in its decision.
Common Questions & Answers:
Q: Who can apply for alimony under Section 25?
A: Both the wife and the husband can apply for alimony under this section.
Q: Is alimony only applicable in cases of divorce?
A: No, alimony can also be granted in other cases like nullity, judicial separation, and even during the pendency of a divorce case.
Q: What factors does the court consider while determining the amount of alimony?
A: The court considers factors like income, property, age, health, education, conduct of the parties, and other relevant circumstances.
Q: Can the alimony order be modified or cancelled?
A: Yes, the court can modify or cancel the alimony order if there is a change in circumstances.
