Permanent Alimony Under Hindu Law — How Courts Decide the Amount

The divorce decree has been passed. The marriage is over. But financial support doesn't automatically end with the marriage. Section 25 of the Hindu Marriage Act empowers the court to award permanent alimony and maintenance to either spouse — not just the wife — after the divorce decree. How much? For how long? And can the amount be changed later? This article explains what courts actually look at when deciding permanent alimony.

What Is Permanent Alimony Under Section 25?

Section 25 of the Hindu Marriage Act provides that at the time of passing any decree under the Act — or at any time thereafter — the court may, on application, award permanent alimony and maintenance to either party. The court can order payment either as a lump sum (one-time gross payment) or as monthly or periodic payments. The order remains in force for the applicant's lifetime, unless it is varied, modified, or rescinded.

The concept of permanent alimony under Hindu law was borrowed from English law and serves a straightforward purpose: when a marriage that the law once treated as indissoluble is allowed to be severed, the economically weaker spouse (usually the wife) should not be left destitute. She should not be forced to "adopt a disreputable way of life" merely because the marriage ended.

Importantly, Section 25 is available to either spouse — the law is gender-neutral on its face. A husband who lacks independent income can also claim maintenance from a wife who is earning. In practice, claims by wives are far more common, but the provision is symmetrical.

When Can You Apply?

Section 25 applies "at the time of passing any decree" under the Act. The phrase "any decree" covers decrees of divorce, judicial separation, nullity of marriage (void or voidable), and restitution of conjugal rights.

The Supreme Court in Chand Dhawan v. Jawaharlal Dhawan held that permanent alimony under Section 25 is only available when the court has passed a decree in the main matrimonial proceedings — either for the petitioner or on a counter-claim. If the main petition is dismissed or withdrawn entirely (meaning the marital status is not affected), permanent alimony under Section 25 cannot be claimed. In that case, the wife must pursue maintenance under the Hindu Adoptions and Maintenance Act or Section 125 CrPC.

An application for permanent alimony can also be made "at any time subsequent" to the passing of the decree — meaning even after the divorce decree has been granted, either party can apply later if they did not apply at the time of the decree.

What Factors Does the Court Consider?

Section 25(1) specifies that the court must have regard to:

• The respondent's own income and other property
• The income and other property of the applicant
• The conduct of the parties
• Other circumstances of the case

The "other circumstances" phrase (added by the 1976 amendment) gives courts broad discretion. Courts have consistently held that the following are all relevant considerations:

• The standard of living enjoyed during the marriage
• The age, health, and earning capacity of each spouse
• Duration of the marriage
• Support and educational needs of children
• Future prospects of both spouses
• Whether the applicant spouse has remarried or is likely to
• Whether the applicant was the "guilty" or "innocent" party in the divorce

On conduct: courts have held that even a guilty or erring spouse is entitled to some maintenance — courts will not let a person starve just because they were at fault in the marriage breakdown. However, a guilty spouse may be awarded only a "starving allowance" rather than a comfortable maintenance. Where a wife has been found to have had an illicit relationship with another person, maintenance has been refused entirely in some cases.

In one case involving a husband earning Rs. 31,693 per month, the court awarded Rs. 60,000 per annum as permanent alimony — roughly Rs. 5,000 per month — as a sufficient amount. Courts have also held that alimony pendente lite (during proceedings) should generally vary between one-fifth and one-third of the earning spouse's income, as a guide.

Lump Sum vs. Monthly Payments

Courts can award permanent alimony either as a one-time lump sum payment, or as recurring monthly or periodic payments.

The choice matters practically. A lump sum payment is a clean break — pay once, obligation over. Monthly payments create an ongoing obligation that can fluctuate with the payer's income and circumstances, and can be modified or rescinded later (see below).

An important rule: an order for a gross sum (lump sum) is an out-and-out payment and cannot later be varied or modified under Section 25(2). Only periodical payment orders are subject to later modification. This makes the choice of modality significant for the paying spouse.

How Much Can You Expect?

There is no fixed formula. Courts exercise wide discretion. The commentaries and case law establish some markers:

• Monthly alimony of one-fifth to one-third of the paying spouse's income is a commonly applied range as a starting point
• The wife's standard of living during the marriage sets the upper benchmark — she should not be expected to live far below the lifestyle she was accustomed to
• The husband's genuine financial capacity (after deducting reasonable liabilities) is the ceiling
• Where the wife is earning, her independent income is deducted and only the gap is bridged

Courts can also order the husband to provide a residence to the wife in lieu of or in addition to monetary maintenance. Courts have also directed dissolution of marriage conditionally on payment of alimony — e.g., divorce granted on condition husband pays Rs. 2 lakh to wife as permanent alimony.

Can the Amount Be Changed Later?

Yes — for periodical payment orders. Section 25(2) provides that on proof of a change in circumstances, the court may, at the instance of either party, vary, modify, or rescind any order made under Section 25(1). Either the payer or the payee can apply for modification.

Common circumstances that lead to modification applications:

• The paying spouse loses their high-paying job
• The paying spouse's income substantially increases (payee applies for enhancement)
• Inflation erodes the real value of fixed maintenance (courts have approved enhancing maintenance to account for inflation)
• The payee spouse's circumstances improve (they get a job, receive inheritance, etc.)

Where the husband was earning Rs. 62,000 per month and was paying Rs. 12,500 per month, and then lost that job, the court reduced it to Rs. 7,000 and later Rs. 3,000 on proof of liabilities. Courts have also approved using an inflation-adjustment formula for enhancing maintenance over time.

When Does Permanent Alimony Stop?

Section 25(3) provides two specific grounds on which permanent alimony can be varied, modified, or rescinded:

1. Remarriage of the party in whose favour the order was made
2. Unchastity (extra-marital relations) of the party in whose favour the order was made

If the wife remarries after the divorce, the husband can apply to have the alimony order rescinded or modified — the obligation to support her typically ends on her remarriage, since she now has a new spouse with that obligation. Similarly, if the wife is found to be living in an adulterous relationship, the court can reduce or cancel the maintenance order.

Alimony also ends on the death of either party — the order is limited to the lifetime of the applicant.

Financial Justice After Divorce

Permanent alimony under Section 25 HMA is not a punishment for the spouse who was at fault in the divorce — it is a recognition that ending a marriage has financial consequences that must be equitably addressed. The law gives courts wide discretion precisely because no two marriages are alike: the earning capacity of the parties, the standard of living, the duration of the marriage, and the circumstances of the breakdown all vary enormously.

Whether you are seeking alimony or facing an alimony claim, understanding the factors courts apply — and the procedural windows available — is the first step to protecting your financial interests after a divorce.

The Pinaka Legal team can advise you on what alimony you are likely to receive or be required to pay based on your specific situation. Call +91 8595704798 or visit www.pinakalegal.com/contact.

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