How is permanent alimony decided under Section 25 of the Hindu Marriage Act?

Question

My divorce has been finalised and I want to know how the court will decide the amount of permanent alimony I am entitled to. Specifically, I want to know how Hindu Marriage Act 1955, Section 25 applies to a situation like mine and what the family law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

How is permanent alimony decided under Section 25 of the Hindu Marriage Act? is governed in India primarily by Hindu Marriage Act 1955, Section 25, Hindu Marriage Act 1955, Section 24 and Code of Civil Procedure 1908, Section 151. Outcomes in section 25 hindu marriage act disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 25 empowers the court, at the time of passing any decree or at any time thereafter, to order either party to pay the other a gross sum or a periodical monthly or annual sum for maintenance and support as permanent alimony.

The court considers the respondent's income and property, the applicant's own income and property, the conduct of the parties, and other relevant circumstances while fixing the amount.

Permanent alimony can be secured by a charge on the immovable property of the paying spouse to ensure the order is enforceable in the future.

The order under Section 25 can be varied, modified or rescinded later if the court is satisfied that there has been a material change in the circumstances of either party, such as remarriage of the recipient.

Permanent alimony is distinct from a one-time settlement agreed between the parties, and courts will scrutinise whether such a settlement adequately protects the dependent spouse before recording it.

What this means for you: 1) File an application under Section 25 at the time of the divorce decree or soon after; 2) Place clear evidence of the other party's income, property and standard of living before the court; 3) Request that the alimony be secured against specific property if there is a risk of non-payment; 4) Apply for variation of the order promptly if circumstances materially change later.

Where the facts are disputed, what usually decides a section 25 hindu marriage act matter is the paper trail — dated complaints, acknowledgments and written replies under Hindu Marriage Act 1955, Section 25. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.