Permanent Alimony & Maintenance स्थायी गुजारा-भत्ता — Hindu Marriage Act 1955 — Section 25

Yes — Section 25 HMA expressly states that "either spouse" can apply for permanent alimony. The husband can claim S.25 alimony from the wife if: (1) he does not have sufficient independent income to maintain himself; (2) the wife earns significantly more; (3) the husband gave up employment for the marriage or for childcare. In practice, husbands claiming S.25 alimony are increasing — particularly in cases where the wife is a high-earning professional and the husband was a homemaker or had a lower-paying career. Courts apply the same principles regardless of gender.

Yes — the SC in 2025 INSC 197 (Sukhdev Singh v. Sukhbir Kaur, decided 12.02.2025) settled this long-disputed question. HMA Section 25 permanent alimony is available even when a marriage is declared void under Section 11 HMA (prohibited degrees, sapinda relationship). Section 24 interim maintenance is also available during nullity proceedings. The conduct of the parties is relevant — the court exercises discretion. This prevents a respondent from avoiding maintenance obligations by getting the marriage declared void — particularly where both parties were unaware of the legal prohibition.

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy (2017 SC), the SC indicated that 25% of the husband's net take-home salary (after deducting income tax and provident fund) is a reasonable starting benchmark for maintenance in most cases. However — this is NOT a rigid formula or a fixed rule. Courts can go higher based on: the standard of living during the marriage, the wife's own income, number of dependants, health of the parties, and the specific facts. Courts can also go lower if the husband has significant other financial obligations. The 25% figure is a useful starting point — not a ceiling or floor.

Yes — having some income does not automatically disentitle the wife to permanent alimony. The SC in Shailja v. Khobbanna (2018) held that the relevant question is whether the wife's income is sufficient to maintain herself at the standard she enjoyed during the marriage. If there is a significant disparity between the husband's income and the wife's earning capacity — alimony must be awarded to bridge the gap. Courts do not refuse alimony merely because the wife earns — they look at the adequacy and sufficiency of her income relative to the marital standard of living.

Under Section 25(2) HMA — either party can apply for modification (enhancement or reduction) of a S.25 alimony order on any material change in circumstances. Common grounds for modification: (1) Significant increase in the respondent's income — wife can apply for enhancement; (2) Significant reduction in respondent's income — respondent can apply for reduction; (3) Change in claimant's financial position — if wife starts earning substantially, husband can apply for reduction; (4) Health deterioration — claimant's medical needs increased. The court makes a fresh determination based on current circumstances — it is not bound by the original order.

Section 25(3) HMA: the S.25 alimony order becomes void — automatically and without any court order — if the claimant: (1) remarries; or (2) in the case of a wife — she resumes cohabitation with the respondent husband (voluntary resumption). Additionally, on the claimant's death — the alimony obligation ceases (unless there is a specific clause covering it). For voluntary resumption — the respondent must apply to the court for rescission or variation of the order. The court has discretion on how to handle voluntary resumption — it need not automatically void the order if resumption was not truly voluntary.

Yes — per the binding SC guidelines in Rajnesh v. Neha (2021) 2 SCC 324 — both parties are required to file a comprehensive affidavit of assets and income at the commencement of maintenance/alimony proceedings. The affidavit must cover: salary, business income, rental income, bank accounts, fixed deposits, mutual funds, property, vehicles, loans and liabilities, and monthly expenses. Filing a false affidavit amounts to perjury (criminal offence) and contempt of court. Courts draw adverse inference against a party who suppresses income — and may award higher alimony based on the party's lifestyle and assets rather than declared income.

Yes — S.25 can be claimed at the time of passing any HMA decree, including a mutual consent decree. In practice, most mutual consent divorce settlements include a clause for alimony — which is then incorporated into the court's S.25 order and becomes binding. If the parties did not settle alimony at the time of the mutual consent decree — either party can subsequently apply for S.25 alimony. However, courts may be reluctant to grant substantial alimony after a mutual consent decree where the parties specifically did not claim it — unless there was a significant change of circumstances after the decree.

To establish a higher alimony: (1) Respondent's income documents — salary slips, ITR, Form 16, business accounts, rental income records; (2) Lifestyle evidence — type of residence, car ownership, club memberships, foreign travel, children's school fees, credit card statements; (3) Property records — immovable property, investments, FDs, shares; (4) Bank statements showing regular large deposits or withdrawals; (5) Social media evidence — foreign vacations, expensive purchases; (6) Standard of living during marriage — photographs, receipts, witnesses. Courts look at actual lifestyle rather than declared income — a respondent who claims low income but lives lavishly invites higher alimony awards.

Section 24 HMA — Pendente lite: (1) Available DURING pending matrimonial proceedings (before the decree); (2) Either spouse without sufficient independent income can claim; (3) Also covers litigation expenses; (4) Per Rajnesh (2021): from date of application, ideally within 60 days of notice. Section 25 HMA — Permanent alimony: (1) Available AT THE TIME OF passing any decree OR AFTER the decree; (2) Either spouse can claim; (3) Lump sum or periodic; (4) Modifiable on change of circumstances; (5) Ceases on remarriage. Key: S.24 is the temporary remedy during proceedings; S.25 is the permanent remedy after the decree. Both can run at different stages — S.24 during proceedings, S.25 after the decree.