Type to filter the sections on this page · press Enter to search the whole site.
No section on this page matches — press Enter to search the whole site instead.
Process at a Glance
How the Permanent Alimony Process Moves
1
When to Apply — At Decree or After
→
2
File Application with Asset Affidavit
→
3
Interim Alimony During Proceedings
→
4
Evidence — Income & Need
→
5
Court Determines Quantum & Form
→
6
Enforcement & Modification
Overview
Permanent Alimony — HMA Section 25
Section 25 of the Hindu Marriage Act, 1955 empowers the Family Court to grant permanent alimony and maintenance to either spouse — at the time of passing any decree under HMA, or at any time after. Key features: (1) Either spouse — husband or wife — can claim; (2) The 2025 SC (2025 INSC 197 — Sukhdev Singh v. Sukhbir Kaur) settled that S.25 is available even in void marriages under S.11 HMA; (3) Court considers: income and property of both parties, conduct, standard of living, duration of marriage, age and health; (4) Alimony can be a gross lump sum or periodic monthly payments — both options in S.25(1); (5) Modifiable under S.25(2) on change of circumstances; (6) Ceases automatically on claimant's remarriage or voluntary resumption of cohabitation — S.25(3).
Kalyan Dey Chowdhury (2017 SC): 25% of net salary is a useful starting benchmark — not a rigid rule. Rajnesh v. Neha (2021 SC): mandatory asset affidavit by both parties; maintenance from date of application; overlapping orders under BNSS S.144, HMA S.24-25, and DV Act S.20 must be adjusted. Shailja v. Khobbanna (2018 SC): working wife not automatically disentitled — question is sufficiency of her income relative to marital standard of living.
Key Factors Courts Consider
Income & Financial Capacity
Net salary / business income of respondent. Earning capacity of the claimant. Hidden or suppressed income — asset affidavit mandatory (Rajnesh 2021). Kalyan Dey Chowdhury (2017): 25% net salary benchmark — not a rigid formula. Courts can go higher based on lifestyle evidence.
Standard of Living During Marriage
Claimant entitled to maintain a similar lifestyle to that enjoyed during the marriage. Housing, food, medical, education expenses. Dependants — children's needs factored in. Duration of marriage — longer marriage typically means higher alimony. Age and health of both parties.
Conduct of the Parties
Adultery of claimant — may reduce or deny alimony. Cruelty by respondent against claimant — supports claim. Abandonment or desertion by claimant — may be a factor. Courts use discretion — no automatic bar based on conduct alone. 2025 INSC 197: conduct also relevant in void marriages.
Form & Modification
Monthly periodical: regular income stream — better where claimant has no immediate cushion. Lump sum: one-time clean break — preferred in mutual consent cases. Modifiable under S.25(2) on change of circumstances. Ceases automatically on claimant's remarriage or voluntary resumption of cohabitation — S.25(3).
Key Takeaways
- Permanent alimony is governed by Section 25 of the Hindu Marriage Act, 1955 (and Section 37 SMA for civil marriages). It is available to either spouse — a husband can claim from a higher-earning wife — and may be ordered at the time of any HMA decree (divorce, nullity, judicial separation, restitution) or at any time afterwards.
- The court may award a periodical (monthly) sum or a gross (lump-sum) amount under S.25(1); lump sum suits a clean break in mutual-consent matters, while monthly support helps a claimant with no immediate cushion. Property transfer in lieu of alimony is also possible in practice.
- Quantum turns on the income and property of both parties, the marital standard of living, conduct, age and health, dependants, and the duration of marriage. Kalyan Dey Chowdhury (2017) treats 25% of the husband's net salary as a useful starting benchmark — not a rigid formula — and a working spouse is not disentitled if her income is insufficient for the marital standard (Shailja v. Khobbanna, 2018).
- Disclosure is now mandatory: Rajnesh v. Neha (2021) requires both parties to file a comprehensive affidavit of assets and income, fixes maintenance from the date of application, an ideal 60-day timeline, and adjustment of overlapping orders under BNSS S.144, HMA S.24/25 and DV Act S.20. A false affidavit is perjury and contempt, and suppressed income invites an adverse inference from lifestyle (Rani Sethi, 2011).
- Orders are not frozen. Under S.25(2) either party may seek to vary, modify or rescind on a genuine change of circumstances — and Parvin Kumar Jain v. Anju Jain (2024) confirms that even a consent order can be modified. Under S.25(3) the order becomes void on the claimant's remarriage (and, for a wife, on voluntary resumption of cohabitation).
- The remedy is wide: Sukhdev Singh v. Sukhbir Kaur (2025, 3-Judge Bench) holds that S.25 (and interim S.24) is available even in a void marriage, so a respondent cannot escape alimony by having the marriage declared void. S.25 orders are civil decrees of the Family Court, enforced by attachment of salary, accounts or property.
Key Changes
Evolution of Permanent Alimony Law
| Aspect | Earlier Position | Current Position |
|---|---|---|
| Void marriages — S.25 | Disputed — many HCs held S.25 not available in void marriages (no valid marriage = no alimony) | 2025 INSC 197 (SC, 12.02.2025): HMA S.25 available even in void marriages under S.11 HMA. S.24 interim also available. Conduct relevant — court exercises discretion. |
| Quantum benchmark | No uniform benchmark — widely varying awards across courts | Kalyan Dey Chowdhury (2017 SC): 25% of husband's net salary — useful starting benchmark, not a rigid formula. Courts can go higher or lower. |
| Asset disclosure | No mandatory requirement — parties could hide income | Rajnesh v. Neha (2021 SC): mandatory comprehensive affidavit of assets and income by both parties at commencement. False affidavit = perjury + contempt. |
| Who can claim S.25 | Primarily seen as wife's remedy — husband rarely applied | S.25 expressly says "either spouse" — husband can claim if wife earns significantly more. Courts increasingly recognize husband's S.25 claims. |
| S.25 after the decree | Some courts held S.25 must be claimed only at time of decree — not later | SC settled: S.25 can be applied for at time of decree OR at any time subsequent. No mandatory immediate application — can be filed later. |
| Working wife | Some courts refused alimony to working wives on basis of independent income | Shailja v. Khobbanna (2018 SC): relevant question is sufficiency of income relative to marital standard — not merely whether some income exists. Disparity = entitlement. |
Procedure
Claiming Permanent Alimony — Step by Step
1
When to Apply — At Decree or After
S.25 application can be filed: (a) Along with the main matrimonial petition — court passes the S.25 order at the time of decree; (b) After the decree — as a separate application in the same matter at any time. No absolute time bar — but courts expect a reasonable connection between the decree and the S.25 application. In mutual consent divorces — alimony terms are typically settled in the settlement deed and incorporated into the S.25 order.
2
File Application with Asset Affidavit
File a S.25 application before the Family Court disclosing: (a) the decree passed in the main matter; (b) the claimant's income, expenses, and needs; (c) the respondent's income, assets, and financial capacity. Per Rajnesh v. Neha (2021 SC) — both parties must file a comprehensive affidavit of assets and income covering salary, business income, rental income, bank accounts, investments, property, loans, and monthly expenses. Filing a false affidavit constitutes perjury and contempt.
3
Interim Alimony During Proceedings
While the S.25 application is pending — interim alimony under HMA S.24 may be available if matrimonial proceedings are still pending. If the decree has already been passed — the court can pass an interim S.25 order directing the respondent to pay a provisional amount pending final determination. Courts take a serious view of delay in alimony proceedings where the claimant has no independent income.
4
Evidence — Income & Need
Claimant must establish: (a) the decree passed; (b) insufficient independent income; (c) the respondent's income and financial capacity. Key evidence: salary slips / ITR of respondent, bank statements, property documents, business accounts. Courts look at actual lifestyle — type of residence, car, club memberships, foreign travel, children's school fees — to assess true income. Both parties are subject to cross-examination on their asset affidavits.
5
Court Determines Quantum & Form
Court considers: 25% benchmark (Kalyan Dey), standard of living during marriage, conduct, duration, age, health, dependants. Decides form: lump sum (clean break — preferred for mutual consent cases) or monthly periodical (better where claimant has no immediate financial cushion). Property transfer in lieu of alimony also possible. Courts also explore mediated settlement on alimony quantum before a contested order.
6
Enforcement & Modification
Default: civil execution — attachment of salary, bank accounts, or property. S.25 is a civil order — executed as a court decree under CPC. Modification under S.25(2): either party applies on change of circumstances. Cessation under S.25(3): automatic on claimant's remarriage or voluntary resumption of cohabitation. Courts also adjust S.25 alimony if overlapping with BNSS S.144 or DV Act S.20 maintenance per Rajnesh guidelines.
⏱ Typical Timelines — Delhi Family Courts
Indicative. Depends on whether contested, asset disclosure complexity, and court workload.
Interim S.25 Order
2–4 months
Provisional amount pending final hearing
Final S.25 Order (Contested)
1–3 years
Depends on evidence and complexity
Mediated / Consent Settlement
1–6 months
Family Court counsellor — early resolution
Important Note
Three current points matter most. First, disclosure: after Rajnesh v. Neha (2021) both spouses must file a full assets-and-income affidavit, alimony runs from the date of application, and overlapping orders under BNSS S.144, HMA S.24/25 and the DV Act are adjusted so there is no double recovery — so file the affidavit carefully and claim from the earliest date. Second, modifiability: a S.25 order is never truly final — under S.25(2) it can be varied on a genuine change of circumstances, and Parvin Kumar Jain (2024) confirms this extends to consent orders; conversely S.25(3) makes the order void on the claimant's remarriage. Third, reach: Sukhdev Singh (2025) confirms S.25/S.24 apply even in a void marriage. Choose deliberately between a lump sum (clean break, no future litigation) and monthly support, and remember the asset affidavit and lifestyle evidence (Rani Sethi) are the real battleground where income is suppressed.
Documents
Documents Required
Copy of HMA decree (divorce / nullity / judicial separation)
Comprehensive affidavit of assets — both parties (Rajnesh 2021 format)
Salary slips / ITR / Form 16 — respondent's income
Bank statements — both parties (last 1–2 years)
Property documents — immovable property of respondent
Claimant's own income / expense proof (if any income)
Children's birth certificates (if maintenance for children also sought)
Aadhaar / ID proof — both parties
Key Points
Key Points — Permanent Alimony
⚖ Quick Reference — HMA Section 25
Who can claim S.25Either spouse — husband or wife
When to applyAt time of decree OR any time after
Void marriages — S.25 available?Yes — 2025 INSC 197 (SC, 12.02.2025)
25% benchmarkKalyan Dey Chowdhury (2017 SC) — starting point, not rigid
Mandatory asset affidavitYes — Rajnesh v. Neha (2021 SC) — both parties
When does S.25 order ceaseClaimant's remarriage or voluntary cohabitation — S.25(3)
Modification — S.25(2)On change of circumstances — either party can apply
Enforcement of S.25 orderCivil execution — CPC (salary / bank accounts / property)
Working wife — entitled?Yes if income insufficient — Shailja v. Khobbanna (2018 SC)
Overlapping orders adjustedYes — Rajnesh guidelines: BNSS S.144, HMA S.24-25, DV Act S.20
Applicable Laws
Relevant Statutes
📖 Relevant Section — S.25 (Hindu Marriage Act, 1955) +
Section 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 by either the wife or the husband, 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 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 (being the wife) has not remained chaste, or (being the husband) 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.
Section 24 — Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable. Provided that the application shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.
Source: India Code (indiacode.nic.in) — Hindu Marriage Act, 1955 (Act 25 of 1955), ss. 25 & 24. Reproduced verbatim from the bare-act PDF. Permanent alimony for civil marriages is governed by the parallel s. 37 (and s. 36 for pendente lite) of the Special Marriage Act, 1954.📖 Relevant Section — S.7 (Family Courts Act, 1984) +
Section 7 — Jurisdiction. (1) Subject to the other provisions of this Act, a Family Court shall— (a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or such subordinate civil court for the area to which the jurisdiction of the Family Court extends.
Explanation.—The suits and proceedings referred to are, namely:— (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage, restitution of conjugal rights, judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; … (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. Where a Family Court has been established for an area, the matrimonial and maintenance claims (including a claim for permanent alimony under s. 25 HMA) are instituted before it.
Source: India Code (indiacode.nic.in) — Family Courts Act, 1984 (Act 66 of 1984), s. 7. Reproduced verbatim from the bare-act PDF. Clause (f) of the Explanation brings claims for maintenance and permanent alimony within the Family Court's jurisdiction.Hindu Marriage Act, 1955 — Section 25
S.25(1): Court may, at time of any decree or any time after, order periodical sum or gross sum — having regard to respondent's income and property, and income and property of applicant. S.25(2): Alteration on change of circumstances — either party can apply. S.25(3): Order void on claimant's remarriage; ceases on voluntary resumption of cohabitation. 2025 INSC 197: available even in void marriages.
View on IndiaCode →
Hindu Marriage Act, 1955 — Section 24 (Pendente Lite)
S.24: Maintenance pendente lite — interim maintenance during pending matrimonial proceedings to either spouse without sufficient independent income. Also covers litigation expenses. Ends when proceedings end — S.25 takes over after decree. Per Rajnesh v. Neha (2021): first interim order ideally within 60 days of notice; from date of application. Per 2025 INSC 197: also available during nullity proceedings for void marriages.
View on IndiaCode →
BNSS 2023 — Section 144 (formerly CrPC S.125)
Secular maintenance provision for all religions — covers wife, children, and parents. Runs parallel to HMA S.25 — both can operate simultaneously but overlapping orders must be adjusted per Rajnesh v. Neha (2021) guidelines. Family Court typically consolidates all maintenance applications. Default under S.144 BNSS leads to warrant of arrest — stronger enforcement than civil S.25 execution.
View on IndiaCode →
Family Courts Act, 1984
Family Court has jurisdiction over S.25 HMA applications. Delhi Family Courts: Rohini, Karkardooma, Dwarka, Saket, Patiala House. S.9: Family Court's duty to make efforts for settlement — mediation on alimony terms attempted before contested hearing. Mediated alimony agreements incorporated into S.25 orders are binding. E-filing and video conferencing available for alimony matters in Delhi Family Courts.
View on IndiaCode →
Code of Civil Procedure, 1908 — Execution of S.25 Orders
S.25 HMA orders are civil orders — executable as decrees of the Family Court under CPC. On default: execution petition filed before Family Court. S.51 CPC: modes of execution — attachment of salary (order to employer), attachment of bank accounts, attachment and sale of movable/immovable property, arrest of judgment debtor. Wilful default can also amount to civil contempt of court.
View on IndiaCode →
Judgments
Landmark & Recent Judgments
1
2025 — SC 3-Judge Bench
Sukhdev Singh v. Sukhbir Kaur — S.25 in Void Marriages
Supreme Court of India | 2025 INSC 197 | Decided: 12.02.2025 | Justices A.S. Oka, Amanullah & A.G. Masih
Three-judge bench settled conflicting HC views — HMA Section 25 permanent alimony is available even when a marriage is declared void under Section 11 HMA. Section 24 interim maintenance is also available during nullity proceedings. The conduct of the parties is relevant in exercising discretion — the court does not automatically grant alimony in void marriages. This prevents a respondent from avoiding maintenance obligations by getting the marriage declared void ab initio — particularly where both parties were unaware of the legal prohibition.
View on IndianKanoon →
2
Landmark — Modification
Parvin Kumar Jain v. Anju Jain — Civil Appeal Nos. 14277-14278 of 2024
Supreme Court of India | Two-Judge Bench | Decided: 10.12.2024 | Justices Vikram Nath & Prasanna B. Varale
SC reiterated principles for modification of S.25 HMA orders under S.25(2): modification can be sought on any material change in circumstances — income, needs, or other relevant factors of either party. The court must consider all changed circumstances and make a fresh determination. Merely because alimony was fixed by a consent order does not prevent modification if there has been a genuine change of circumstances. The burden is on the applicant to show the material change that justifies modification.
View on IndianKanoon →
3
2024 — SC | Alimony Factors
Kiran Jyot Maini v. Anish Pramod Patel
Supreme Court of India | 2024 INSC 530 | (2024) 7 SCR 942 | Decided: 15.07.2024 | Bench: Vikram Nath and Prashant Kumar Mishra, JJ.
The Court summarised the factors for fixing permanent alimony / a one-time settlement — the social and financial status of the parties, the reasonable needs of the dependent spouse, the parties' income, assets and liabilities, the standard of living during the marriage, employability and future prospects, and existing obligations. Permanent alimony must ensure a decent standard of living for the dependent spouse and must not be punitive towards the payer.
View on IndianKanoon →
4
Landmark — Comprehensive Guidelines
Rajnesh v. Neha & Anr. — (2021) 2 SCC 324
Supreme Court of India | Decided: 04.11.2020 | Justices Indu Malhotra & R. Subhash Reddy
Comprehensive binding guidelines on maintenance including S.25 HMA: (1) Both parties must file a comprehensive affidavit of assets and income at the commencement of proceedings; (2) First interim maintenance order ideally within 60 days of notice; (3) Maintenance from the date of application; (4) Overlapping orders under BNSS S.144, HMA S.24-25, and DV Act S.20 must be adjusted — no double payment; (5) Uniform enforcement mechanism across all courts. Filing a false affidavit constitutes perjury and contempt. Binding on all Family Courts across India.
View on IndianKanoon →
5
Landmark — 25% Benchmark
Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy — (2017) 14 SCC 200
Supreme Court of India | Two-Judge Bench | Decided: 19.04.2017 | Justices R. Banumathi & M.M. Shantanagoudar
The SC indicated that 25% of the husband's net take-home salary (after income tax and provident fund) is a reasonable and appropriate starting benchmark for maintenance/alimony in most cases. The court was clear this is not a rigid formula — courts can go higher or lower based on: the parties' standard of living, the claimant's own income, the number of dependants, and specific facts. The court also held that where the respondent's lifestyle and assets are inconsistent with declared income — the court may infer suppressed income and compute alimony accordingly.
View on IndianKanoon →
6
Landmark — Working Wife
Shailja v. Khobbanna — (2018) 12 SCC 199
Supreme Court of India | Two-Judge Bench | Decided: 18.01.2017 | Justices Madan B. Lokur & Prafulla C. Pant
Held that the mere fact that the wife is capable of earning does not automatically disentitle her to maintenance or alimony. The relevant question is whether her income is sufficient to maintain herself at the standard of living she enjoyed during the marriage. If there is a significant disparity between the husband's income and the wife's earning capacity — maintenance must be awarded to bridge the gap. Courts cannot refuse alimony merely because the wife earns — the focus is on the adequacy and sufficiency of her income relative to the marital standard of living.
View on IndianKanoon →
7
Landmark — Interim Maintenance (S.24)
Manish Jain v. Akanksha Jain
Supreme Court of India | (2017) 15 SCC 801 | AIR 2017 SC 1640 | Decided: 30.03.2017 | Bench: R. Banumathi and Kurian Joseph, JJ.
While alimony under Section 25 is granted at or after a decree, Section 24 allows maintenance pendente lite during the proceedings. In fixing interim maintenance the court must have regard to both the applicant's own income and the income of the respondent; the discretion is exercised judicially, and a spouse with no permanent source of income is entitled to reasonable interim support pending final disposal.
View on IndianKanoon →
8
Landmark — Living With Dignity
Shamima Farooqui v. Shahid Khan
Supreme Court of India | (2015) 5 SCC 705 | Decided: 06.04.2015 | Bench: Dipak Misra and Prafulla C. Pant, JJ.
Any award of maintenance or alimony must be adequate enough to allow the dependent spouse to live with dignity, in a manner befitting the life she was used to in the matrimonial home — she cannot be reduced to penury. An able-bodied spouse's bald plea of "no means" carries no weight in law, and such claims must be decided expeditiously.
View on IndianKanoon →
9
Landmark — Income Suppression
Rani Sethi v. Sunil Sethi — 179 (2011) DLT 414
Delhi High Court | Decided: 31.03.2011
Delhi HC held that where the respondent suppresses true income — the court can draw adverse inference and determine maintenance at a higher figure based on lifestyle and assets. The court is not bound by the respondent's declared income — it can look at type of residence, car ownership, club memberships, children's school fees, foreign travel, and credit card expenditure. If the lifestyle is inconsistent with declared income — higher alimony is awarded based on actual financial capacity. This principle is routinely applied by Delhi Family Courts in S.25 proceedings.
View on IndianKanoon →
10
Landmark — No Fixed Formula
Vinny Paramvir Parmar v. Paramvir Parmar
Supreme Court of India | (2011) 13 SCC 112 | AIR 2011 SC 2748 | Decided: 20.07.2011 | Bench: P. Sathasivam, J.
There is no fixed formula or straitjacket rubric for fixing the quantum of permanent alimony under Section 25 HMA. The court must weigh the respondent's income and property, the applicant's income and property, the conduct of the parties, their social status, the applicant's age and future employment prospects, and award an amount that is just and ensures a reasonable standard of living.
View on IndianKanoon →
Recent Developments
Recent Developments
2025 — SC 3-Judge Bench
S.25 in Void Marriages — Settled
Sukhdev Singh v. Sukhbir Kaur (2025 INSC 197): HMA S.25 permanent alimony available even in void marriages under S.11. S.24 also available during nullity proceedings. Conduct relevant — court exercises discretion. Prevents respondent from avoiding alimony by declaring marriage void ab initio.
2021 — SC Landmark
Rajnesh v. Neha — Mandatory Asset Affidavit
Binding guidelines — mandatory comprehensive asset affidavit by both parties. Overlapping orders adjusted. First interim order within 60 days. From date of application. Uniform enforcement. Changed how Family Courts handle all maintenance and alimony proceedings across India.
2017 — SC
Kalyan Dey Chowdhury — 25% Benchmark
SC indicated 25% of net salary as a useful starting benchmark — not a rigid formula. Courts can go higher based on standard of living, dependants, and income disparity. Widely applied by Delhi Family Courts as a starting point in S.25 proceedings.
Ongoing
E-Filing & Video Hearings for Alimony Matters
Delhi Family Courts increasingly use e-filing and video conferencing for maintenance and alimony applications — particularly for parties in different cities. Courts actively encourage Lok Adalat settlements in alimony matters for finality and immediate payment.
Practical Tip
Build the financial record first: prepare your own Rajnesh v. Neha assets-and-income affidavit and gather proof of the other spouse's real capacity — salary slips, income-tax returns, bank and credit-card statements, property and vehicle records, and lifestyle evidence (residence, car, club memberships, foreign travel, children's school fees) where income is suppressed. File the S.25 application before the Family Court that passed (or has jurisdiction over) the HMA decree, claiming alimony from the date of application, and decide consciously between a periodical sum and a lump sum (lump sum for a clean break in mutual-consent matters). If circumstances change, use S.25(2) to seek enhancement or reduction — even against a consent order (Parvin Kumar Jain, 2024). On default, enforce the order as a civil decree by attachment of salary, accounts or property. Because quantum and modifiability turn on careful proof of income and standard of living, consult an advocate to draft the affidavit, marshal the evidence, and argue the appropriate form and amount.
FAQ
Frequently Asked Questions
Can a husband claim permanent alimony from the wife?
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: he does not have sufficient independent income; the wife earns significantly more; or he gave up employment for the marriage or for childcare. In practice, husbands claiming S.25 alimony are increasing — particularly 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.
Is permanent alimony available in void marriages?
Yes — the SC in 2025 INSC 197 (Sukhdev Singh v. Sukhbir Kaur, 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. 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.
What is the 25% benchmark for alimony?
In Kalyan Dey Chowdhury v. Rita Dey (2017 SC), the SC indicated that 25% of the husband's net take-home salary (after income tax and provident fund) is a reasonable starting benchmark for maintenance in most cases. This is NOT a rigid formula. Courts can go higher based on: the standard of living during the marriage, the wife's own income, number of dependants, health, and specific facts. The 25% figure is a useful starting point — not a ceiling or floor.
Can a working wife claim permanent alimony from the husband?
Yes — having some income does not automatically disentitle the wife. 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 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 of her income relative to the marital standard of living.
When can a S.25 alimony order be modified?
Under Section 25(2) HMA — either party can apply for modification on any material change in circumstances. Common grounds: significant increase in respondent's income (claimant seeks enhancement); significant reduction (respondent applies for reduction); change in claimant's financial position; health deterioration. Even consent orders can be modified on genuine change of circumstances per Parvin Kumar Jain (2024 SC). The court makes a fresh determination based on current circumstances.
When does permanent alimony automatically stop?
Section 25(3) HMA: the S.25 order becomes void automatically on: (1) the claimant's remarriage; or (2) voluntary resumption of cohabitation with the respondent. On the claimant's death — the alimony obligation also ceases. For voluntary resumption, the respondent typically applies to court for formal variation. The word 'voluntary' is important — forced or non-voluntary resumption does not attract the cessation provision.
Is a comprehensive asset affidavit mandatory in S.25 proceedings?
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 proceedings. It 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 and contempt. Courts draw adverse inference against a party who suppresses income — and may award higher alimony based on actual lifestyle.
Can S.25 alimony be claimed after mutual consent divorce?
Yes — S.25 can be claimed at the time of passing any HMA decree including a mutual consent decree. In practice, most mutual consent settlements include an alimony clause incorporated into the S.25 order. If alimony was not settled at the time — either party can subsequently apply for S.25. Courts may be cautious about granting substantial alimony after a mutual consent decree where the parties specifically did not claim it — but there is no absolute bar, and changed circumstances may justify a later application.
What evidence helps in getting a higher alimony amount?
To establish a higher alimony: (1) Respondent's income documents — salary slips, ITR, Form 16, business accounts; (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 large regular deposits; (5) Social media evidence of expensive purchases or vacations; (6) Standard of living during marriage — photographs, receipts. Courts look at actual lifestyle rather than declared income — a respondent who claims low income but lives lavishly invites a higher award.
What is the difference between S.24 and S.25 HMA maintenance?
Section 24 HMA (pendente lite): available DURING pending matrimonial proceedings — before the final decree. Ends when proceedings end. Also covers litigation expenses. Per Rajnesh (2021): from date of application, within 60 days of notice. Section 25 HMA (permanent alimony): available AT TIME OF any decree OR AFTER the decree. Lump sum or periodic. Modifiable on change of circumstances. Ceases on remarriage. Key: S.24 is the temporary remedy during proceedings; S.25 is the permanent remedy after the decree.
Self-Assessment
Test Your Knowledge
⚖ Permanent Alimony — HMA Section 25 — 20 Questions
Glossary
Key Legal Terms
Section 25 HMA — Permanent Alimony
Empowers court to grant permanent alimony to either spouse — at time of any HMA decree or any time after. Lump sum or periodic. Modifiable on change of circumstances. Ceases on remarriage. 2025 INSC 197: available even in void marriages.
Section 24 HMA — Pendente Lite
Interim maintenance during pending HMA proceedings — before the decree. Either spouse without sufficient independent income can claim. Also covers litigation expenses. From date of application per Rajnesh (2021). S.24 ends when proceedings end — S.25 takes over.
25% Benchmark
Kalyan Dey Chowdhury (2017 SC): 25% of husband's net take-home salary — useful starting benchmark for maintenance/alimony. Not a rigid formula. Courts can go higher based on standard of living, dependants, and income disparity.
Lump Sum vs Periodical
Lump sum: one-time gross payment — clean break, no future liability, preferred in mutual consent cases. Periodical: monthly payments — better where claimant has no immediate financial cushion. Property in lieu of alimony also possible.
Modification — S.25(2)
Either party can apply on material change in circumstances. Courts make fresh determination. Not bound by earlier order. Even consent orders can be modified — Parvin Kumar Jain (2024 SC).
Asset Affidavit (Rajnesh 2021)
Mandatory comprehensive disclosure of income, assets, property, investments, and liabilities by both parties at commencement. False affidavit = perjury + contempt. Adverse inference if income suppressed.
Cessation — S.25(3)
S.25 order automatically void on claimant's remarriage. Also ceases on voluntary resumption of cohabitation with respondent. On claimant's death — obligation ceases. 'Voluntary' is key — forced resumption does not attract cessation.
2025 INSC 197 — Void Marriages
SC 3-judge bench (12.02.2025): HMA S.25 available even in void marriages under S.11. S.24 also available during nullity proceedings. Conduct relevant — discretionary. Prevents avoiding alimony by declaring marriage void.
Was this page helpful?
Thank you — your feedback has been noted.
This is an informational guide and is reviewed periodically against the official sources cited above. If any provision appears outdated or an inadvertent error is noticed, it may be pointed out using the contact details on this page so that the content can be reviewed and corrected. Readers should verify the current statutory text and case law from authentic sources before relying on it.
