Section 25 of the Hindu Marriage Act, 1955: Permanent Alimony and Maintenance

What is permanent alimony under Section 25?

Permanent alimony means financial support ordered by a court for a spouse under Section 25. It can be a single gross (lump-sum) payment or monthly or other periodic payments, for a period not exceeding the applicant's lifetime. The expression does not mean that every award must continue indefinitely: the order depends on its terms and may be changed in circumstances permitted by law.

Either the wife or husband may apply. An award is not automatic merely because the marriage has ended; the court assesses the evidence and decides what is just.

Section 25: Explanation of all three subsections

Section 25(1): Power to award maintenance

At the time of passing a decree under the Act, or subsequently, the court may, on an application by either spouse, order the respondent to pay a lump sum or periodic maintenance. It must consider the respondent's income and property, the applicant's income and property, the parties' conduct and other circumstances. If necessary, payment may be secured by a charge over the respondent's immovable property.

Section 25(2): Variation when circumstances change

Following an order under subsection (1), either party may seek to vary, modify or rescind it if circumstances have changed. The court decides what adjustment is just on the evidence.

Section 25(3): Remarriage and specified conduct

On an application by the other party, the court may vary, modify or rescind an order if the recipient has remarried. The statutory text also refers to the wife's not remaining chaste or the husband's sexual intercourse outside wedlock. These are the words of the existing provision, not an automatic cancellation rule: the court must be satisfied of the statutory ground and exercise its discretion.

How is permanent alimony calculated?

Section 25 does not prescribe a fixed percentage of salary or a universal formula. Courts may consider:

• Both spouses' earnings, assets, liabilities and other financial resources.
• Reasonable living expenses, financial needs and the standard of living during marriage.
• Age, health, earning capacity, dependants and duration of the marriage.
• Conduct of the parties and other circumstances relevant to a just order.
• Existing maintenance orders and amounts already paid, to avoid unjust duplication.

The court may order a lump sum or periodic payments. A charge on immovable property may be used to secure payment where appropriate.

How to apply for permanent alimony

1. Identify the matrimonial proceeding and decree: Section 25 is linked to jurisdiction exercised under the Hindu Marriage Act.
2. File an application: Seek the requested form of support, explain the circumstances and identify any existing maintenance orders.
3. Provide financial disclosure: Income, assets, liabilities, expenses, tax returns, salary or business records and supporting documents may be relevant.
4. Respond to the other party's evidence: Both sides can place relevant financial and personal circumstances before the court.
5. Seek enforcement if needed: An enforceable order may be executed under applicable procedure, including Section 28A of the Act.

Procedural requirements and the appropriate forum depend on the case and applicable court rules. Sections 19, 21, 25 and 28A of the Act are relevant starting points.

Can an alimony order be reduced, increased or cancelled?

Yes. Under Section 25(2), a proven change in circumstances can justify revision or cancellation. Examples may include a substantial change in income, financial needs or other material circumstances. Under Section 25(3), remarriage of the recipient and the additional conduct specified in the statute can support an application. None of these outcomes should be assumed without a court order.

Whether a concluded lump-sum settlement or a particular decree can be revisited depends on its terms, the statutory basis and the case's facts. Obtain case-specific advice before treating a settlement as reopened.

Section 25 compared with related maintenance provisions

Section 24: Maintenance during proceedings

Section 24 concerns interim maintenance and litigation expenses while matrimonial proceedings are pending. Section 25 concerns alimony at the time of a decree or subsequently.

Section 26: Children

Section 26 deals with custody, maintenance and education of minor children. Spousal maintenance under Section 25 is a distinct question.

Other legal remedies

Depending on the facts, maintenance may also arise under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor framework to Section 125 of the Code of Criminal Procedure, 1973), the Hindu Adoptions and Maintenance Act, 1956, or the Protection of Women from Domestic Violence Act, 2005. Their eligibility rules and remedies differ; concurrent proceedings and existing awards must be disclosed.

Important Supreme Court rulings

Sukhdev Singh v. Sukhbir Kaur (12 February 2025)

The Supreme Court clarified that a spouse whose marriage has been declared void under Section 11 may seek permanent alimony under Section 25. Relief remains discretionary and depends on the facts and conduct. The Court also explained that interim maintenance under Section 24 may be considered while nullity proceedings are pending, subject to statutory conditions. Read the judgment text.

Rajnesh v. Neha (2020)

The Supreme Court laid down important guidance for maintenance cases, including financial disclosure, consideration of overlapping maintenance claims and enforcement. The guidance helps courts assess fair maintenance based on reliable information. Find the judgment.

For primary legal materials and further case verification, consult the Supreme Court of India and India Code.

Frequently asked questions

Can a husband claim permanent alimony under Section 25?

Yes. The wording expressly permits an application by either wife or husband, subject to the court's assessment.

Is there a fixed amount or percentage for alimony?

No. The Act provides no universal percentage; the court considers the relevant financial and other circumstances.

Can permanent alimony be granted after divorce?

Yes. Section 25 permits an application at the time of passing a decree or afterwards, subject to the statutory requirements.

Does remarriage automatically end maintenance?

No. Section 25(3) allows the other party to apply for variation, modification or rescission. A court determination is required.

Can maintenance be claimed after a marriage is declared void?

Yes, an application under Section 25 is legally maintainable following a declaration under Section 11, as clarified by the Supreme Court in Sukhdev Singh v. Sukhbir Kaur (2025). Grant of relief is discretionary.