Permanent alimony under Section 25 of the Hindu Marriage Act 1955 lets either spouse ask the court for a one-time gross sum or a monthly payment when a marriage ends, and since Rajnesh v Neha (2021) 2 SCC 324 both sides must file a sworn Affidavit of Disclosure of Assets and Liabilities before any amount is fixed.
Quick answer: Section 25 HMA empowers any court hearing a Hindu matrimonial petition to order the other spouse to pay permanent alimony, as a lump sum or periodic payment. It is gender-neutral. Quantum turns on both parties' income and property, their conduct, and the standard of living during marriage.
Permanent alimony and maintenance is a long-term financial order a court passes when granting any decree under the Hindu Marriage Act 1955. The court may direct the respondent to secure a gross sum, or a monthly or periodical payment lasting up to the applicant's lifetime, to support the spouse who needs it.
Section 25 of the Hindu Marriage Act 1955 is the governing provision. Its key features:
A separate provision, Section 24 HMA, covers *maintenance pendente lite* - interim support and litigation costs while the case runs. Section 25 is the final, post-decree order.
In Sukhdev Singh v Sukhbir Kaur (decided 12 February 2025), a three-judge Bench of the Supreme Court led by Justice A.S. Oka held that a spouse whose marriage is declared void under Section 11 HMA can still claim permanent alimony under Section 25. The Court stressed that relief under Section 25 is discretionary, not automatic, and depends on the facts and conduct of each case.
In Rajnesh v Neha (2021) 2 SCC 324, the Supreme Court overhauled how maintenance is decided across India. The directions are mandatory for all courts:
In 2023 the Supreme Court found many courts were ignoring Rajnesh v Neha and directed the judgment be re-circulated to judges and judicial academies, so insist on the affidavit if a court skips it.
A lump-sum (gross sum) gives a clean break, removes the risk of a defaulting payer, and ends repeated litigation - useful when the paying spouse is unreliable or assets are liquid. A monthly (periodical) payment can be larger over time and can be varied if circumstances change, but depends on continued compliance and may need enforcement. Courts can also combine the two. Choose based on the payer's reliability and your need for security versus flexibility.
Section 25 at a glance
① Decree under HMA → ② File Section 25 application + disclosure affidavit → ③ Respondent's reply + affidavit → ④ Court weighs income, property, conduct, lifestyle → ⑤ Lump sum or monthly order, securable on property
Kashvi Pathak, a homemaker in Pune, sought divorce on the ground of cruelty in 2025. Her husband ran a business but declared modest income. Citing Rajnesh v Neha, the Family Court directed both parties to file Affidavits of Disclosure; his bank statements revealed undisclosed receipts. Weighing the marital standard of living and her lack of independent income, the court ordered a Section 25 permanent alimony of a lump sum secured as a charge on a flat, plus a monthly sum until she remarried.
Result: secured lump sum + monthly maintenance, charge created on immovable property.
These are different routes and a citizen can sometimes use both. Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (which replaced Section 125 CrPC) is a quick, summary remedy before a Magistrate to prevent destitution of a wife, children or parents; it is not tied to a divorce decree and applies regardless of religion. Section 25 HMA is a civil, post-decree order in the matrimonial court, available only to Hindus when a decree is passed, and it can fix a substantial lump sum. Where both are claimed, Rajnesh v Neha requires the court to set off amounts already awarded.
Yes. Section 25 HMA is gender-neutral. A husband who has no or lower independent income, and whose wife has the means, can apply for permanent alimony. The court applies the same factors of income, property, conduct and circumstances.
Yes. Rajnesh v Neha (2021) 2 SCC 324 makes the Affidavit of Disclosure of Assets and Liabilities mandatory for both parties in every maintenance proceeding, including pending cases. Courts can draw adverse inferences against a party who conceals income.
Yes. Under Section 25(2) either party can ask the court to vary, modify or rescind the order if circumstances change. Under Section 25(3) the court can also vary it if the recipient remarries or has not remained chaste.
Yes. In Sukhdev Singh v Sukhbir Kaur (12 February 2025), the Supreme Court held that even where a marriage is declared void under Section 11 HMA, the spouse can seek permanent alimony under Section 25. The relief remains discretionary and depends on the facts.
It depends. A lump sum gives security and a clean break and avoids future default or litigation. Monthly payments can be larger over time and adjustable to changing needs but require ongoing compliance. Courts may award either or both.
Under Rajnesh v Neha, maintenance is generally payable from the date of the application, not the date of the order, so arrears can accumulate during the litigation.