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Section 25 – The Hindu Marriage Act,1955

The Hindu Marriage Act,1955

 

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 1[***] 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 2[, 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, 3[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].

 

COMMENTS

 

Income of husband

 

While determining the quantum of permanent alimony the income of the husband has to be kept in mind; Ira Das v. Ramesh Ranjan Mallick , AIR 2003 Ori 62.

 

Second marriage of husband

 

Once the husband has contracted a second marriage, the first wife is entitled in law to claim for separate residence and maintenance; Ashabi B. Takke v. Bashasab Takke , AIR 2003 Kant 172.

 

———-

1. The words “, while the applicant remains unmarried” omitted by Act 68 of 1976, sec. 18(a)(i) (w.e.f. 27-5-1976).

 

2. Subs. by Act 68 of 1976, sec. 18(a)(ii), for “and the conduct of the parties” (w.e.f. 27-5-1976).

 

3. Subs. by Act 68 of 1976, sec. 18(b), for “it shall rescind the order” (w.e.f. 27-5-1976).

 

 

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Hindu Marriage Act 1955

 

 

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