Synopsis
- Bare Act: The exact text of Section 25 of the Hindu Marriage Act, 1955.
- Introduction: Overview of the provision and its importance in family law.
- Meaning/Definition/Explanation: Explanation of permanent alimony and maintenance.
- Interpretation: How courts apply Section 25, with judicial insights.
- Types/Classifications: Types of alimony and factors considered.
- Case Law: Landmark judgments explaining the application of Section 25.
- Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
- Questions to Think About: Reflective questions for deeper understanding.
Bare Act
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.
Introduction
Imagine a couple going through a divorce. One of them might need financial support to live a decent or stable life after the marriage ends. That’s where Section 25 of the Hindu Marriage Act, 1955, comes in. It allows courts to order one spouse to pay alimony or maintenance to the other, ensuring fairness. This section is a lifeline for many, especially when one spouse has limited means to support themselves. It’s a key part of family law in India, balancing justice and compassion in tough situations like divorce or separation.
Meaning / Definition / Explanation
Section 25 of the Hindu Marriage Act deals with permanent alimony and maintenance. Alimony is money one spouse pays to the other for support after a divorce or separation. It can be a one-time lump sum or regular payments (monthly or periodically). The idea is to help the financially weaker spouse maintain a reasonable standard of living. The court considers both spouses’ incomes, properties, conduct during the marriage, and other relevant factors to decide the amount.
To ensure the paying spouse fulfills their obligation, the court may secure the payment by placing a charge on their property. This means a legal right or interest is created over the property—such as a house or land—so it cannot be sold, transferred, or mortgaged freely without settling the maintenance dues first. That property then becomes legally tied to the maintenance payments. If the paying spouse fails to pay, the receiving spouse can approach the court to recover the money from that property—sometimes even by getting it sold.
The section also allows changes to the alimony order if circumstances change (like a job loss or remarriage) and can even cancel it in certain cases, such as if the receiving spouse remarries or fails to follow certain moral standards that defined in the act.
Interpretation
The Court has said that alimony should ensure the receiving spouse can live in a way similar to how they lived during the marriage, but it shouldn’t be a punishment for the paying spouse. Sub-section (2) allows courts to modify or cancel orders if life changes—like if the paying spouse loses their job or the receiving spouse gets rich. Sub-section (3) steps in if the receiving spouse remarries or, in some cases, if their behavior (like unchastity for a wife or extramarital relations for a husband) justifies stopping the payments.
Types/Classifications
There are no official types under Section 25, but practically we can understand the following:
Alimony under Section 25 can be classified as:
- Lump Sum Alimony: A one-time payment, often preferred when the paying spouse has enough resources to settle the matter at once.
- Periodic Alimony: Monthly or regular payments, usually for spouses who need ongoing support.
- Secured Alimony: Payments backed by a charge on the paying spouse’s property, ensuring they can’t avoid paying.
Factors courts consider include:
- Income and Property: Both spouses’ financial status.
- Conduct: Behavior during marriage, like cruelty or neglect.
- Other Circumstances: Health, age, children, or career sacrifices.
Case Law
- Vinod Dulerai Mehta v. Kanak Vinod Mehta (1990): The Bombay High Court said alimony should match the lifestyle the couple had during marriage. The court awarded a lump sum to the wife, considering her needs and the husband’s wealth.
- Savitri Pandey v. Prem Chandra Pandey (2002): The Supreme Court ruled that courts must consider the wife’s conduct. If she’s at fault (like deserting the husband without reason), alimony might be lower or denied.
- Usha Usha v. Rajesh Kumar (2013): The court allowed modification of alimony when the husband proved he lost his job, showing how sub-section (2) works in changing circumstances.
- Ravi Kumar v. Julmi Devi (2022): The court said even if the marriage was declared null and void, Section 25 still applies. The wife can claim maintenance if she is unable to support herself.
- K. Srinivas Rao v. D.A. Deepa (2013): Court allowed permanent alimony to the wife despite granting divorce on grounds of cruelty. Financial support is independent of who was at fault.
- Vimla v. Veeraswamy (1991): The court held that maintenance should be reasonable and based on actual needs and ability to pay.
Multiple Choice Questions (For All India Bar Exam Preparation)
- Under Section 25 of the Hindu Marriage Act, who can apply for permanent alimony?
a) Only the wife
b) Only the husband
c) Either the wife or the husband
d) Only the children
Answer: c) Either the wife or the husband - What can a court do if circumstances change after an alimony order is made?
a) Nothing, the order is final
b) Vary, modify, or rescind the order
c) Only increase the alimony
d) Only cancel the alimony
Answer: b) Vary, modify, or rescind the order - Under Section 25(3), alimony can be stopped if the wife:
a) Gets a job
b) Has not remained chaste
c) Moves to another city
d) Refuses to meet the husband
Answer: b) Has not remained chaste - What can secure alimony payments under Section 25?
a) A written promise
b) A charge on immovable property
c) A bank guarantee only
d) A verbal agreement
Answer: b) A charge on immovable property - What happens to alimony if the wife remarries?
a) It increases
b) It continues normally
c) It is modified or cancelled
d) She gets additional amount
Answer: c) It is modified or cancelled - Can a husband receive maintenance from his wife under Section 25?
a) No
b) Yes, if he proves need
c) Only if he is disabled
d) Never
Answer: b) Yes, if he proves need - Can maintenance under Section 25 be changed later?
a) No
b) Only once
c) Yes, if there’s a change in circumstances
d) Only with Supreme Court permission
Answer: c) Yes, if there’s a change in circumstances
Questions to Think About
- Should alimony always be awarded, or should courts be stricter about the receiving spouse’s conduct?
- How can courts balance fairness when one spouse has no income but the other has limited means?
- Is it fair to stop alimony if the receiving spouse remarries? Why or why not?
- How should courts decide what’s a “just” amount for alimony in modern times?
- Should alimony be gender-neutral? Why or why not?
- If someone remarries secretly, how should the court find out?
- Is it fair to cancel maintenance if the alimony and maintenance receiving spouse (husband or wife) has had sexual relations with someone else, either before or after the divorce?