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—permanent-alimony-section-25-hma-india [2026/07/10 20:18] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(Claim permanent alimony under Section 25 of the Hindu Marriage Act 1955: lump-sum vs monthly, what courts weigh, and the Rajnesh v Neha disclosure rule.)&metatag-keywords=(permanent alimony section 25 HMA, how to claim alimony India, Rajnesh v Neha affidavit, lump sum vs monthly maintenance)&metatag-robots=(index,follow)&metatag-og:title=(Permanent Alimony Under Section 25 HMA: How to Claim in India)&metatag-og:description=(Claim permanent alimony under Section 25 of the Hindu Marriage Act 1955: lump-sum vs monthly, what courts weigh, and the Rajnesh v Neha disclosure rule.)&metatag-og:type=(article)}}
  
 +====== Permanent Alimony Under Section 25 HMA: How to Claim in India ======
 +
 +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.
 +
 +<WRAP info>
 +**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.
 +</WRAP>
 +
 +===== What permanent alimony under Section 25 means =====
 +
 +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.
 +
 +===== Legal framework: Section 25 HMA 1955 =====
 +
 +Section 25 of the **Hindu Marriage Act 1955** is the governing provision. Its key features:
 +
 +  * **Gender-neutral.** Either the husband or the wife may apply.
 +  * **Form of payment.** The court may order a **gross sum** (lump-sum) or a **monthly or periodical sum** for a term not exceeding the applicant's life.
 +  * **What the court weighs.** The statute directs the court to have regard to the respondent's income and property, the applicant's income and property, the conduct of the parties and other circumstances of the case.
 +  * **Charge on property.** The court may secure the payment by creating a charge on the respondent's immovable property.
 +  * **Variation or rescission.** Under Section 25(2) the court may vary, modify or rescind the order if circumstances change. Under Section 25(3) it may do so if the recipient **remarries** or has not remained chaste.
 +
 +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.
 +
 +===== The Rajnesh v Neha disclosure framework =====
 +
 +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:
 +
 +  - **Affidavit of Disclosure.** Both parties must file a standardised **Affidavit of Disclosure of Assets and Liabilities** in every maintenance proceeding, including pending cases. The respondent files a reply with their affidavit, ordinarily within four weeks.
 +  - **Quantum factors.** Courts weigh the status of the parties, reasonable needs of the claimant, independent income or assets, the standard of living during marriage, sacrifices made for family responsibilities, and the paying spouse's liabilities.
 +  - **Overlapping claims.** Where maintenance is claimed under more than one law (for example Section 25 HMA and Section 144 BNSS), the later court must set off amounts already awarded so there is no double recovery.
 +  - **Date of award.** Maintenance is generally payable from the **date of the application**, not the date of the order.
 +
 +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.
 +
 +===== How to claim permanent alimony under Section 25: step by step =====
 +
 +  - **Identify the decree.** Section 25 relief is sought in the matrimonial petition - divorce, judicial separation, nullity or restitution. File the alimony application within that proceeding.
 +  - **File the Affidavit of Disclosure.** Attach your sworn affidavit in the Rajnesh v Neha format. Be complete and honest; concealment can be held against you.
 +  - **State your claim.** Specify whether you seek a lump sum, a monthly figure, or both, with a needs-based calculation tied to the marital standard of living.
 +  - **Serve the respondent.** The other spouse files a reply with their own disclosure affidavit, ordinarily within four weeks.
 +  - **Lead evidence.** Income proof, property records, bank statements, lifestyle evidence and any relevant conduct.
 +  - **Argue quantum.** Apply the Rajnesh v Neha factors. The court fixes the amount and form, and may create a charge on property to secure it.
 +  - **Enforce or vary later.** If payments stop, move for enforcement. If income changes materially, either side may seek variation under Section 25(2).
 +
 +===== Documents you will need =====
 +
 +  * Certified copy of the marriage proof and the matrimonial petition
 +  * Affidavit of Disclosure of Assets and Liabilities (Rajnesh v Neha format)
 +  * Salary slips, income-tax returns or business income proof of both spouses
 +  * Bank statements, property documents, loan and EMI statements
 +  * Evidence of the standard of living during the marriage
 +  * Details of any other pending or decided maintenance proceedings
 +
 +===== Lump-sum versus monthly: which to ask for =====
 +
 +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.
 +
 +<WRAP center round info 100%>
 +**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
 +</WRAP>
 +
 +===== Common mistakes to avoid =====
 +
 +  * Skipping or under-stating the **Affidavit of Disclosure** - courts can draw an adverse inference (Rajnesh v Neha).
 +  * Confusing **Section 24** (interim, while the case runs) with **Section 25** (final, post-decree).
 +  * Assuming alimony is only for wives - Section 25 HMA is **gender-neutral**.
 +  * Filing parallel claims without disclosing them - overlapping awards get set off, and non-disclosure hurts credibility.
 +  * Treating the order as permanent and unchangeable - remarriage or unchastity, or a real change in circumstances, can vary or rescind it under Section 25(2) and 25(3).
 +
 +===== Real-life example =====
 +
 +<WRAP center round box 80%>
 +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.
 +</WRAP>
 +
 +===== Section 25 HMA vs Section 144 BNSS maintenance =====
 +
 +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.
 +
 +===== Frequently asked questions =====
 +
 +==== Can a husband claim permanent alimony under Section 25? ====
 +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.
 +
 +==== Is the Affidavit of Disclosure compulsory? ====
 +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.
 +
 +==== Can permanent alimony be changed later? ====
 +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.
 +
 +==== Can a spouse of a void marriage claim alimony? ====
 +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.
 +
 +==== Is a lump sum better than monthly maintenance? ====
 +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.
 +
 +==== From which date is maintenance payable? ====
 +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.
 +
 +===== Sources =====
 +
 +  * Section 25, Hindu Marriage Act 1955 - https://www.indiacode.nic.in/bitstream/123456789/1560/1/A1955-25.pdf
 +  * Section 25 in The Hindu Marriage Act, 1955 - https://indiankanoon.org/doc/95286/
 +  * Rajnesh v Neha (2021) 2 SCC 324 - https://www.theedulaw.in/content/judgements/52/Case-Analysis:-Rajnesh-v.-Neha-(2021)-2-SCC-324---Maintenance-from-Date-of-Application
 +  * Sukhdev Singh v Sukhbir Kaur (12 February 2025) - https://indiankanoon.org/doc/138104701/
 +  * Section 144, Bharatiya Nagarik Suraksha Sanhita 2023 - https://kanoongpt.in/bare-acts/the-bharatiya-nagarik-suraksha-sanhita-2023/arrangement-of-sections-chapter-x-section-144-362b0ef4fa70910f
 +
 +===== Related guides and tools =====
 +
 +  * [[https://righttoinformation.wiki/file-mutual-consent-divorce-2026|How to file a mutual consent divorce - 2026 guide]]
 +  * [[https://righttoinformation.wiki/apply-marriage-certificate-online-2026|How to apply for a marriage certificate online - 2026]]
 +  * [[https://righttoinformation.wiki/documents/marriage-certificate|Documents required for a marriage certificate]]
 +  * [[https://righttoinformation.wiki/book|The RTI Playbook]]
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to draft an RTI for certified copies of court records
 +  * [[https://righttoinformation.wiki/rti-first-appeal-second-appeal-guide|RTI First and Second Appeal guide]] if a public authority delays your records
 +  * [[https://righttoinformation.wiki/tools/|RTI Tools hub]]
 +  * [[https://righttoinformation.wiki/|RTI Act 2005 citizen guides home]]
 +
 +===== See also =====
 +
 +  * [[https://righttoinformation.wiki/dna-test-paternity-child-maintenance-supreme-court-india|DNA test, paternity and child maintenance: what the Supreme Court held]]
 +
 +===== Related guides =====
 +
 +  * [[https://righttoinformation.wiki/cannot-withdraw-divorce-settlement-after-mediation-2026|You cannot back out of a signed divorce settlement]]
 +  * [[https://righttoinformation.wiki/educated-earning-wife-can-still-claim-alimony|Educated or earning wife can still claim alimony]]
 +===== How is permanent alimony calculated under Section 25 HMA? =====
 +
 +Section 25 of the Hindu Marriage Act, 1955 provides for permanent alimony and maintenance. Here is how it is calculated and what factors the court considers:
 +
 +  - **Step 1: Who can claim?** Either spouse can claim permanent alimony under Section 25 HMA. The wife can claim it at any time during the divorce proceedings or after the divorce decree. The husband can also claim it if he is unable to maintain himself.
 +  - **Step 2: Factors considered by the court.** The court considers the following factors under Section 25(2):
 +    - **Income and assets of the husband:** Salary, business income, rental income, investments, inherited property.
 +    - **Income and assets of the wife:** Whether the wife is earning, her qualifications, and her ability to work.
 +    - **Conduct of the parties:** If one party is at fault (e.g., adultery, cruelty), it may affect the quantum.
 +    - **Duration of the marriage:** Longer marriages generally warrant higher alimony.
 +    - **Standard of living:** The alimony should enable the wife to maintain a standard of living comparable to the marriage.
 +    - **Custody of children:** If the wife has custody, the court may award higher alimony to cover child-related expenses.
 +    - **Age and health:** Older or ailing spouses may receive higher alimony.
 +  - **Step 3: Types of alimony.**
 +    - **Lump sum (one-time):** A single payment, typically 1/3rd to 1/5th of the husband's net worth.
 +    - **Periodic (monthly):** Monthly maintenance, typically 25-35% of the husband's net salary.
 +    - **Interim maintenance:** Under Section 24 HMA, during the pendency of proceedings.
 +  - **Step 4: Supreme Court guidelines.** The Supreme Court has held that there is no fixed formula for alimony — each case depends on its facts (Rajnesh v. Neha, 2020 — the court laid down guidelines for determining maintenance, including filing of affidavits disclosing assets).
 +  - **Step 5: Modification.** Permanent alimony can be modified if there is a change in circumstances (Section 25(2) — the court can increase, decrease, or cancel the alimony).
 +
 +===== How to enforce an alimony order? =====
 +
 +  - **Step 1: Execution petition.** File an execution petition in the family court that passed the order.
 +  - **Step 2: Attachment of property.** The court can attach the husband's property/bank accounts.
 +  - **Step 3: Contempt.** If the husband wilfully disobeys, file a contempt petition.
 +
 +Use [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]. See [[https://righttoinformation.wiki/domestic-violence-police-ignore-complaint|Domestic Violence Guide]] and [[https://righttoinformation.wiki/lok-adalat-free-legal-aid-dlsa-eligibility-india|Lok Adalat Guide]].
 +
 +{{tag>permanent alimony section 25 hma hindu marriage act maintenance lump sum periodic rti 2026}}