Section 25 Hindu Marriage 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 1[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.

Multiple Choice Questions for the AIBE Exams

Q1. Under Section 25 of the Hindu Marriage Act, who can apply for permanent alimony and maintenance?

A. Only the wife
B. Only the husband
C. Either the husband or the wife
D. Only the dependent children

Correct Answer: C. Either the husband or the wife
Explanation: Section 25(1) allows either spouse (husband or wife) to apply for permanent alimony and maintenance.

Q2. The court may grant permanent alimony and maintenance at which of the following stages?

A. Only at the time of marriage
B. Only at the time of filing a petition
C. At the time of passing a decree or any time thereafter
D. Only after the final decree of divorce is passed

Correct Answer: C. At the time of passing a decree or any time thereafter
Explanation: The court can grant maintenance either at the time of passing a decree or subsequently, as per Section 25(1).

Q3. What is the maximum duration for which permanent alimony can be granted under Section 25?

A. 5 years
B. Till the children attain majority
C. Till the remarriage of the spouse
D. Not exceeding the life of the applicant

Correct Answer: D. Not exceeding the life of the applicant
Explanation: The court may award maintenance for a term not exceeding the life of the applicant.

Q4. Which factor is not considered by the court while deciding maintenance under Section 25?

A. Conduct of the parties
B. Financial status of the parties
C. Number of children
D. Other circumstances of the case

Correct Answer: C. Number of children
Explanation: While children may be relevant in broader family law, Section 25 specifically mentions:

Q5. What can the court do if there is a change in circumstances of either party after passing the maintenance order?

A. Nothing, the order is final
B. Only cancel the maintenance
C. Modify, vary, or rescind the order
D. Only increase the amount

Correct Answer: C. Modify, vary, or rescind the order
Explanation: Under Section 25(2), the court can modify, vary, or rescind the maintenance order upon change in circumstances.

Q6. If the wife receiving maintenance remarries, what can the husband do under Section 25?

A. Demand repayment
B. File a case for fraud
C. Apply to cancel or modify the maintenance order
D. No action is allowed

Correct Answer: C. Apply to cancel or modify the maintenance order
Explanation: According to Section 25(3), if the wife remarries, the husband can seek to modify or rescind the maintenance order.

Q7. If the husband receiving maintenance has sexual relations outside marriage, what can the wife do?

A. Ignore it
B. Apply for police protection
C. Seek to modify or cancel the maintenance
D. File a contempt petition

Correct Answer: C. Seek to modify or cancel the maintenance
Explanation: Under Section 25(3), if the husband is unchaste, the wife can approach the court to vary, modify, or rescind the maintenance order.

Q8. What can the court do to ensure the payment of maintenance under Section 25(1)?

A. Send the respondent to jail
B. Attach the movable property
C. Secure payment by creating a charge on immovable property
D. Cancel all government benefits

Correct Answer: C. Secure payment by creating a charge on immovable property
Explanation: The court may secure payment of alimony by creating a charge on the respondent’s immovable property, if necessary.

Q9. Under Section 25, what happens if the wife receiving maintenance is found not chaste?

A. The husband is punished
B. She is imprisoned
C. The court may cancel or vary the maintenance order
D. The court must ignore this conduct

Correct Answer: C. The court may cancel or vary the maintenance order
Explanation: As per Section 25(3), if the wife is not chaste, the court may rescind or modify the maintenance order.

Q10. Which of the following statements is true regarding Section 25 of the Hindu Marriage Act?

A. Only divorced wives can claim maintenance
B. Maintenance is only granted at the time of decree
C. Both husband and wife can claim permanent alimony
D. Once granted, maintenance cannot be changed

Correct Answer: C. Both husband and wife can claim permanent alimony
Explanation: Section 25 applies to both spouses, and maintenance can be granted at or after decree, and can also be modified based on circumstances.

Final Thoughts

In India, marriage is not just a social bond but also a legal responsibility. When a marriage breaks down, one of the biggest concerns is financial support for the spouse who may not be earning or is financially weaker. To protect such individuals, Section 25 of the Hindu Marriage Act, 1955 provides the legal right to claim permanent alimony and maintenance after divorce or judicial separation.

This section allows either the husband or the wife to apply to the court for maintenance. It gives power to the court to order monthly, periodical, or lump sum payment for the support and survival of the applicant. The main aim is to ensure that the financially dependent spouse can live a dignified life even after the end of the marriage.

According to clause (1) of this law, the court may pass an order for maintenance at the time of divorce decree or even later, on an application made by either party. The court will decide the amount based on many important factors like the income, property, conduct of both husband and wife, and other circumstances of the case. The court can ask the person who is financially stable (called the respondent) to pay maintenance to the other person (called the applicant). The amount can be either a one-time payment (lump sum) or monthly or periodically, and it will continue for a period not more than the lifetime of the person receiving the money. If needed, the court can also secure the payment by putting a charge on the immovable property of the person who has to pay the maintenance. This helps make sure that the amount is paid without failure.

Life is always changing, and so are financial situations. That’s why clause (2) of Section 25 gives the court the flexibility to change the order later. If the financial condition of either spouse changes—whether it improves or worsens—either party can again go to the court and request a revision. For example, if the husband who was ordered to pay maintenance loses his job or suffers business loss, he can request the court to reduce the amount. On the other hand, if the wife who was receiving maintenance gets a good job or inherits property, the husband can request the court to cancel the order. The court will examine the new situation and take a fair decision.

There are also some moral and social conditions that are considered under clause (3). This part clearly says that if the person receiving maintenance gets remarried, the court can cancel the maintenance. Also, if the wife is found to be unchaste (engaged in a sexual relationship outside marriage), or if the husband is found having sexual relations with another woman, the other party can approach the court. In such cases, the court has full authority to modify, reduce, or stop the maintenance as it feels right.

This section is important because it tries to bring balance and fairness after the end of a marital relationship. It does not favor only the wife or the husband—it is gender neutral. Any partner who is financially weaker can seek support under this section.

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