Section 25 of The Hindu Marriage Act (HMA)

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

1. 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.

2. 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).

3. 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.

4. 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:

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.