Permanent Alimony under the Hindu Marriage Act, 1955 (Section 25)

Permanent alimony (also called maintenance and support) is a post-decree financial relief granted by the court under Section 25 HMA to enable a spouse to maintain a reasonable standard of living after matrimonial litigation concludes. It is called “permanent” not because it is always lifelong, but because it is final/post-decree in nature—meant to operate beyond the pendency of proceedings.

Key features (Section 25) #

• When granted: At the time of passing any decree under the HMA (e.g., divorce, judicial separation, nullity, restitution), or any time thereafter.
• Who can claim: Either spouse (wife or husband).
• Form: Lump sum or periodical payments (monthly/annual), for a term or for life—depending on facts.
• Factors considered:
  • Income and property of both parties
  • Conduct of parties
  • Other circumstances (age, health, dependents, standard of life, earning capacity, liabilities)

Conditions to be satisfied for eligibile for alimony #

A. Basic conditions for grant (S.25(1)) #

1. A court has passed any decree under the HMA (or the application is made after such decree).
2. Applicant shows need and the court considers:
   • income & property of both parties,
   • conduct of parties,
   • other circumstances (age, health, dependents, standard of living, earning capacity, etc.).

B. Continuing conditions / disqualifications (S.25(3)) #

The court may vary/modify/rescind permanent alimony if:

1. Recipient remarries (most common explicit ground).
2. Recipient’s conduct after the decree falls under the statute:
   • Wife: “has not remained chaste”
   • Husband: “has had sexual intercourse with any woman outside wedlock”

Maintenance Pendente Lite vs Permanenet Alimony #

Aspect	Maintenance Pendente Lite (S.24)	Permanent Alimony / Maintenance (S.25)
Purpose	Interim support so a spouse can sustain themselves and litigate during the case.	Post-decree support to ensure maintenance after matrimonial relief is granted.
Timing	Granted during pendency of proceedings.	Granted at decree stage or after decree (even later).
Nature	Temporary / interim.	Final / continuing (but modifiable).
Condition for grant	Applicant has no independent income sufficient for support and necessary expenses of proceedings.	Court considers income/property, conduct, and circumstances; not strictly dependent on “no income”, but overall need/justice.
Relief includes	(i) Maintenance during proceedings + (ii) expenses of litigation.	Only maintenance/support (lump sum or periodic). Litigation expenses are not the focus here.
Standard considered	Ensures basic support and fair ability to contest proceedings.	Seeks reasonable post-marital support, considering status, duration of marriage, needs, and capacities.
Recipient	Either spouse.	Either spouse.
Payable till	Usually till disposal of the main matrimonial proceeding (or till further orders).	For a fixed term or life, as directed; continues post-decree unless modified/rescinded.
Form	Typically monthly; litigation expenses may be one-time.	Lump sum or periodic payments.
Conduct relevance	Usually limited; focus is ability to maintain and litigate.	Conduct is expressly relevant (S.25).
Modification	Can be altered as an interim order if circumstances change, or replaced once final relief is decided.	Express statutory power to vary/modify on change in circumstances (S.25(2)).
Effect of remarriage	Generally ends as proceedings conclude; remarriage is usually not central while litigation is pending.	Statutorily relevant: may be rescinded on remarriage of recipient (S.25(3)).
Link with decree	Independent interim relief; does not require decree.	Connected to “any decree” under HMA; conceptually post-decree.
Enforcement	Enforced like other court orders (execution/arrears directions).	Similarly enforceable; arrears can be executed like a decree/order.