Section 25 of the Hindu Marriage Act, 1955, provides for permanent alimony and maintenance to a spouse after the dissolution of marriage or judicial separation. The court has the power to award maintenance as a lump sum or as monthly/periodic payments based on the financial needs and circumstances of the parties.
Key Provisions of Section 25
Who can apply?
- Either the husband or wife (depending on who is financially weaker) can seek alimony and maintenance.
- The applicant must be unable to maintain themselves financially.
When can it be granted?
- Upon divorce, judicial separation, annulment, or any other decree affecting the marriage.
Nature of Maintenance
- The court may order maintenance to be paid as a lump sum or as monthly/periodic payments.
Factors Considered by the Court
- Income and property of both spouses.
- Financial needs of the spouse seeking maintenance.
- Conduct and circumstances of both parties.
- Age and health of both spouses.
- Earning capacity and employment status of the spouse seeking maintenance.
- Any other relevant factors (e.g., presence of children, responsibilities, remarriage, etc.).
Modification of Order
- The court has the power to modify, alter, or revoke the maintenance order if there is a change in circumstances (e.g., the spouse receiving maintenance remarries or becomes financially independent).
Ceasing of Maintenance
- If the recipient remarries.
- If the recipient has an affair or is found to be living in adultery.
- If the recipient becomes financially self-sufficient.
- If the recipient or payer dies (in the case of periodic payments).
Judicial Interpretations & Case Laws
- Bhuwan Mohan Singh v. Meena (2014)
- Maintenance is meant to ensure that a spouse does not face financial hardship after divorce.
- Jagdish Jugtawat v. Manju Lata (2002)
- Maintenance should be provided to ensure social justice and prevent destitution.
- Smt. Chand Dhawan v. Jawaharlal Dhawan (1993)
- Maintenance under Section 25 is awarded only upon divorce or separation and not during the subsistence of marriage.
Difference Between Section 24 & Section 25
| Maintenance Pendente Lite | Permanent Alimony | |
|---|---|---|
| Applicable Law | Section 24 of the Hindu Marriage Act, 1955 | Section 25 of the Hindu Marriage Act, 1955 |
| Purpose | Provide financial assistance during litigation | Provide long-term financial support after the decree |
| Time of Award | During the pendency of the legal proceedings | At the time of passing the decree of divorce or separation |
| Nature of Award | Interim maintenance and expenses of proceedings | Permanent financial arrangement |
| Awarded Amount | Can be determined based on the financial needs of party | Can be a gross sum, periodical sum or monthly sum |
| Duration | Only applicable during the litigation period | Can be granted for a specified period or lifelong |
| Factors Considered | Financial capability of the party seeking maintenance | Financial capability, standard of living and other factors |
Conclusion
Section 25 is an essential provision that ensures financial justice after marriage ends. The courts have the discretion to decide the amount and duration based on fairness and the financial position of both parties. The purpose is to prevent the weaker spouse from becoming destitute and ensure a fair and dignified life.
