Code: Section 25 of The Hindu Adoptions and Maintenance Act, 1956
“The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.”
Explanation of Section 25
Section 25 of the Hindu Adoptions and Maintenance Act, 1956 allows for modification of the maintenance amount—whether originally determined by a court order or a private agreement. Recognizing that circumstances can change significantly over time, this provision gives both parties the opportunity to revisit the maintenance terms when there is a justifiable change in financial or personal status.
Key Points:
- Applicable to maintenance fixed either before or after the commencement of the Act.
- Either party (payer or recipient) may request modification.
- Requires proof of a “material change in circumstances,” which may include:
- Substantial increase or decrease in income
- Remarriage of the recipient
- Changes in health condition
- Financial hardship or improvement
Illustration
Example 1: Increase in Payer’s Income
A husband ordered to pay ₹5,000 per month as maintenance experiences a significant salary increase. The wife can approach the court under Section 25 to request an enhanced maintenance amount.
Example 2: Recipient’s Remarriage
If a woman receiving maintenance remarries and becomes financially independent, the husband can apply to reduce or terminate the maintenance order based on this material change.
Common Questions and Answers on Section 25
1. Who can apply for a change in maintenance under Section 25?
Either the person receiving maintenance or the one paying it can request an alteration.
2. What is considered a “material change in circumstances”?
Significant financial, health, or personal developments such as job loss, remarriage, income change, or serious illness.
3. Is court approval necessary for modifying maintenance?
Yes. Even if both parties agree to a change, it must be legally recognized by the court to be enforceable.
4. Can maintenance be both increased and decreased?
Yes. Courts may revise the maintenance amount upward or downward depending on the change in circumstances.
5. What type of proof is required?
Income statements, employment records, medical reports, marriage certificates, or any relevant documentation showing the changed circumstances.
Conclusion
Section 25 ensures that maintenance arrangements remain fair and reasonable over time. By permitting adjustments based on material changes, the law protects the interests of both parties and promotes justice. Individuals experiencing significant life changes should consider consulting legal counsel to explore remedies available under this provision.
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