Section 25 HMA: Permanent alimony and maintenance

Hindu Marriage Act, 1955

Section 25 HMA at a Glance

Section 25 HMA lets the court, when passing any decree or afterwards, order one spouse to pay the other a lump sum or periodical maintenance not exceeding the applicant's life. The court may later vary, modify or cancel the order.

Section 25 HMA Bare Act Text

25. Permanent alimony and maintenance.

(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.

Amendments to this section
  • The words "while the applicant remains unmarried" omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976).
  • Subs. by Act 68 of 1976, s. 18, for certain words (w.e.f. 27-5-1976).
  • Subs. by s. 18, ibid., for "it shall rescind the order" (w.e.f. 27-5-1976).

Section 25 HMA in Simple Words

Section 25 HMA governs permanent alimony and maintenance (financial support ordered at or after a final marriage decree, as distinct from temporary support during a pending case under Section 24 HMA). Under Section 25(1) HMA, any court exercising jurisdiction under the Hindu Marriage Act, 1955 may pass an order at the time of passing any decree or at any time after the decree, on an application made for that purpose by either the wife or the husband.

Under Section 25(1) HMA, the court may order the respondent to pay the applicant either a gross sum (a single lump sum) or a monthly or periodical sum for a term not exceeding the life of the applicant. To decide what payment is just, the court considers the respondent's income and other property (if any), the applicant's income and other property, the conduct of both parties, and other circumstances of the case. If necessary, the court may secure the payment by creating a charge on the respondent's immovable property, meaning land or a building becomes legal security for the maintenance.

Section 25(2) HMA allows the court to revisit an existing maintenance order when situations change. If the court is satisfied at any time after making an order under Section 25(1) HMA that there has been a change in the circumstances of either party, the court may, at the request of either party, vary, modify or rescind (cancel) the order in whatever manner the court deems just.

Section 25(3) HMA deals with remarriage and conduct after the order. If the court is satisfied that the spouse receiving maintenance under Section 25 HMA has remarried, or if that spouse is the wife and has not remained chaste, or if that spouse is the husband and has had sexual intercourse with any woman outside wedlock, the court may, at the request of the other party, vary, modify or rescind the order as the court deems just. Section 25 HMA was amended by Act 68 of 1976 with effect from 27 May 1976, including omitting the words 'while the applicant remains unmarried' from Section 25(1) HMA.

When Section 25 HMA Applies

  • A court exercising jurisdiction under the Hindu Marriage Act, 1955 is passing a decree or has already passed a decree.
  • Either the wife or the husband submits an application to the court for maintenance and support.
  • The court assesses both parties' income and property, the conduct of the parties, and other circumstances to fix a just gross sum or a monthly or periodical sum for a term not exceeding the applicant's life.
  • Where necessary, the court may secure the payment by a charge on the respondent's immovable property.
  • After an order is made, the court may vary, modify or rescind it upon a change in circumstances (at either party's instance) or upon remarriage or specified conduct outside marriage (at the other party's instance).

Example of Section 25 HMA

A court in Jodhpur passes a divorce decree under Section 13 HMA in the marriage case between Nikhil and Tanvi. Tanvi applies under Section 25(1) HMA for permanent maintenance after the decree. Considering Nikhil's business income and house, Tanvi's income and property, the conduct of both parties, and the circumstances of the case, the Jodhpur court orders Nikhil to pay Tanvi ₹20,000 a month for a term not exceeding Tanvi's life and secures the payment by a charge on Nikhil's house in Jodhpur. Three years later, Nikhil suffers a major drop in income following an illness and applies under Section 25(2) HMA, upon which the court modifies the monthly payment to an amount it deems just.

When Section 25 HMA Does Not Apply

  • A monthly or periodical sum under Section 25(1) HMA cannot be ordered for a term exceeding the life of the applicant.
  • An order under Section 25(1) HMA cannot be varied, modified or rescinded under Section 25(2) HMA unless the court is satisfied that there is a change in the circumstances of either party after the order was made.
  • Relief under Section 25(1) HMA is available only at the time of passing a decree under the Hindu Marriage Act, 1955 or at any time after the decree, not before a decree is passed.

FAQs on Section 25 HMA

What is Section 25 HMA?▼

Section 25 HMA empowers a court exercising jurisdiction under the Hindu Marriage Act, 1955 to award permanent alimony and maintenance to either the wife or the husband when passing any decree or at any time afterwards. It also allows the court to secure the payment against immovable property and later vary, modify or rescind the order.

Can permanent alimony under Section 25 HMA be awarded as a lump sum?▼

Yes. Section 25(1) HMA lets the court order either a gross sum (lump sum) or a monthly or periodical sum for a term not exceeding the life of the applicant.

Can a husband apply for permanent alimony under Section 25 HMA?▼

Yes. Under Section 25(1) HMA, an application for permanent alimony and maintenance may be made by either the wife or the husband.

Does remarriage automatically cancel a maintenance order under Section 25 HMA?▼

No. Under Section 25(3) HMA, if the recipient spouse remarries, the other party must move the court, and the court may vary, modify or rescind the order in such manner as the court deems just.

Can a final order under Section 25 HMA be appealed?▼

Yes. Under Section 28(2) HMA and Section 28(4) HMA, a non-interim order made under Section 25 HMA is appealable within 90 days from the date of the order, provided the appeal is not on costs only.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·