Hindu Marriage Act Section 25 — Permanent alimony and maintenance
General
Summary
A court handling a case under this Act can order one spouse to pay the other a lump sum or regular payments for their maintenance and support. This order can be made when the decree is passed or at any time after, and the amount is based on the incomes and property of both parties, their conduct, and other circumstances. The payment can be secured against the paying spouse's immovable property if needed. Later, if circumstances change for either party, the court can change, adjust, or cancel the order. The court can also change or cancel the order if the person receiving payments remarries, or if a wife receiving payments is unchaste, or if a husband receiving payments has sex with another woman outside marriage.
Official Text
(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 7* * * pay to 1. The words, brackets, letter of figure “in clause (f) of sub-section (1) of section 10, or” omitted by Act 68 of 1976, s. 16 (w.e.f. 27-5-1976). 2. Ins. by s. 16, ibid. (w.e.f. 27-5-1976). 3. Subs. by s. 16, ibid., for “the petition” (w.e.f. 27-5-1976). 4. Added by s. 16, ibid. (w.e.f. 27-5-1976). 5. Ins. by s. 17, ibid. (w.e.f. 27-5-1976). 6. Ins. by Act 49 of 2001, s. 8 (w.e.f. 24-9-2001). 7. The words “while the applicant remains unmarried” omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976). 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 1[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, 2[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].