Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on income, property, conduct, financial capacity, circumstances of the case and fairness. Section 25 is discretionary, not automatic. The court may later vary, modify or rescind the order if circumstances change. The Supreme Court has also clarified in Sukhdev Singh v. Sukhbir Kaur that permanent alimony under Section 25 may be considered even where the marriage is declared void under Section 11, depending on the facts and conduct of the parties.

1. Introduction

Permanent alimony is one of the most important financial remedies in matrimonial litigation. When a marriage breaks down, the legal system is not concerned only with dissolution of the marital bond. It must also consider the financial consequences of that breakdown.

A decree of divorce, nullity or judicial separation may end the legal relationship, but it may not end economic dependence, childcare burden, career sacrifice, loss of matrimonial standard of living or long-term vulnerability. Section 25 of the Hindu Marriage Act, 1955 addresses this issue by giving the court power to grant permanent alimony and maintenance.

The legal principle is simple: matrimonial litigation should not produce economic destitution. At the same time, permanent alimony is not a windfall. It is not punishment. It is not revenge. It is a discretionary financial remedy based on justice, capacity, need and the circumstances of the case.

2. What Is Section 25 of the Hindu Marriage Act?

Section 25 of the Hindu Marriage Act, 1955 empowers any court exercising jurisdiction under the Act to order payment of permanent alimony and maintenance at the time of passing any decree or at any time subsequent thereto. The court may order payment of a gross sum or monthly/periodical sum for a term not exceeding the life of the applicant, after considering the respondent’s income and property, the applicant’s income and property, the conduct of the parties and other circumstances of the case. The payment may also be secured by a charge on the immovable property of the respondent, where necessary.

Section 25 also permits variation, modification or rescission of an alimony order if circumstances change. The statutory text further provides that an order may be varied, modified or rescinded where the party in whose favour the order was made has remarried, or in the circumstances specifically stated in Section 25(3).

3. Difference Between Section 24 and Section 25 HMA

Section 24 and Section 25 are often confused, but they operate differently.

Section 24 deals with maintenance pendente lite and litigation expenses during the pendency of proceedings. It is interim in nature. It ensures that a spouse without sufficient independent income can survive and contest the case during litigation.

Section 25 deals with permanent alimony and maintenance. It is considered at the time of passing a decree or after the decree. It addresses the long-term financial consequence of the matrimonial proceeding.

In practical language:

Provision	Nature	Stage	Relief
Section 24 HMA	Interim	During pending case	Monthly interim maintenance and litigation expenses
Section 25 HMA	Permanent / long-term	At decree or after decree	Lump-sum alimony, monthly or periodical maintenance

Both provisions are gender-neutral in text and may be invoked by either spouse, subject to proof of legal entitlement.

4. Who Can Claim Permanent Alimony?

Section 25 uses the phrase “either the wife or the husband”. Therefore, either spouse may seek permanent alimony, depending upon the financial facts and the discretion of the court.

In practice, claims are more commonly filed by wives, especially where the wife has had limited income, career interruption, childcare responsibility, domestic dependence or reduced earning capacity due to marriage. However, a husband is not legally barred from claiming permanent alimony if he satisfies the statutory test.

The court examines actual financial position. The mere label of “husband” or “wife” is not decisive.

5. When Can Permanent Alimony Be Granted?

Permanent alimony may be granted:

At the time of passing a decree of divorce.
At the time of passing a decree of nullity.
At the time of passing a decree of judicial separation.
At the time of passing other decrees under the Hindu Marriage Act, depending on the case.
At any time after the decree, on an application made for that purpose.

The phrase “at any time subsequent thereto” is important because an application under Section 25 is not necessarily restricted to the exact date of decree. A spouse may approach the court after the decree, subject to facts, delay, conduct and maintainability.

6. Is Permanent Alimony Automatic After Divorce?

No. Permanent alimony is not automatic.

A decree of divorce does not mechanically result in alimony. The court must consider whether the applicant requires support, whether the respondent has capacity to pay, whether the applicant has independent income or property, and whether the overall circumstances justify relief.

Section 25 expressly uses discretionary language. The court “may” order alimony, having regard to statutory factors such as income, property, conduct and circumstances.

Therefore, the stronger case is not merely: “divorce has been granted, therefore alimony must follow.” The stronger case is: “considering the financial facts, duration of marriage, conduct, standard of living, dependants and long-term consequences, this amount is just.”

7. Lump-Sum Alimony vs Monthly Maintenance

Permanent alimony may be granted as:

Gross sum / lump-sum alimony;
Monthly maintenance;
Periodical payment;
Payment secured by charge on immovable property.

A lump-sum settlement is often preferred where the parties want finality and no continuing financial contact. Monthly maintenance may be preferred where the paying spouse has regular income but cannot pay a large amount immediately. A secured charge on immovable property may be considered where there is risk of default or where the court finds that the payment needs protection.

The choice depends on liquidity, income stability, future risk, dependants, settlement terms and enforceability.

8. Factors Considered by Courts While Granting Permanent Alimony

There is no rigid formula for permanent alimony. Courts examine the totality of circumstances. Relevant factors include:

Income of both spouses.
Property and assets of both spouses.
Conduct of the parties.
Duration of marriage.
Age and health of the parties.
Standard of living during marriage.
Children’s custody and expenses.
Career sacrifice or loss of employment opportunities.
Educational qualifications and earning capacity.
Actual employment and income.
Liabilities and dependants.
Inflation and future needs.
Existing maintenance orders.
Prior settlements or payments.
Whether the applicant is genuinely unable to maintain themselves.

The Supreme Court has repeatedly emphasised that alimony and maintenance depend on fairness, status of parties, capacity to pay and the financial realities of the case. In Kalyan Dey Chowdhury v. Rita Dey Chowdhury, the Supreme Court referred to the principle that an award must be befitting the status of the parties and the capacity of the spouse to pay; the decision is often cited in discussions on proportionate maintenance, though it should not be read as a universal mathematical rule.

9. Is There a Fixed Formula for Alimony in India?

No. Indian law does not prescribe a fixed formula such as “one-third of income” or “twenty-five per cent of salary” for every case.

Certain judgments have discussed broad proportions in specific factual contexts, but those are not universal formulas. The quantum of permanent alimony depends on the facts of each case.

A recent Supreme Court decision reported in 2025 also reaffirmed that financial capacity, career sacrifices, family responsibilities and actual income are relevant while determining permanent alimony.

The safer legal position is this: alimony is calculated judicially, not mechanically.

10. Permanent Alimony in Void Marriages: Sukhdev Singh v. Sukhbir Kaur

A major recent development is the Supreme Court’s decision in Sukhdev Singh v. Sukhbir Kaur, decided on 12 February 2025.

The Supreme Court held that a spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25. The Court clarified that whether relief should be granted depends on the facts and conduct of the parties, and that the grant of Section 25 relief remains discretionary.

This is a significant clarification because earlier conflicting views had created uncertainty over whether a person in a void marriage could claim relief under Sections 24 and 25. The 2025 ruling confirms that the word “decree” in Section 25 is broad enough to include a decree declaring a marriage void, while leaving the final decision to judicial discretion.

11. Financial Disclosure and Rajnesh v. Neha

Although Rajnesh v. Neha is most often discussed in the context of interim maintenance, its emphasis on financial disclosure is equally relevant to permanent alimony.

The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, issued nationwide guidelines on maintenance, including disclosure of assets and liabilities, overlapping proceedings, date of maintenance and enforcement. The judgment requires parties in maintenance proceedings to file proper disclosure affidavits so that courts can assess financial capacity and need.

In a Section 25 case, financial disclosure may become decisive. The court must know what each party earns, owns, spends, owes and needs. A spouse who suppresses income, property, business interest or investments weakens their credibility.

12. Permanent Alimony and Child-Related Expenses

Permanent alimony for a spouse should not be confused with child maintenance. Children’s education, medical expenses, residence, food, transport and welfare may require separate consideration.

In many divorce settlements, the parties structure financial terms under separate heads:

Permanent alimony for spouse.
Child maintenance.
School fee and educational expenses.
Medical expenses.
Insurance.
Marriage or future education fund, where agreed.
Custody and visitation-linked financial responsibilities.

Courts generally treat children’s welfare as a serious and independent consideration. A settlement that ignores children’s future expenses may create avoidable litigation later.

13. Can Permanent Alimony Be Modified Later?

Yes. Section 25(2) permits variation, modification or rescission of a permanent alimony order if the court is satisfied that there has been a change in the circumstances of either party.

Examples of changed circumstances may include:

Loss of employment.
Serious illness.
Substantial increase or decrease in income.
Remarriage of the recipient.
Change in dependants.
Child-related financial changes.
Disability or incapacity.
Major change in property or financial status.
Failure of payment terms.
Material suppression discovered later.

A party seeking modification must show real change, not mere inconvenience.

14. Can Permanent Alimony Be Secured Against Property?

Yes. Section 25 allows the court to secure payment, if necessary, by creating a charge on the immovable property of the respondent.

This can be important where:

The respondent has property but irregular income.
There is risk of default.
The amount is large.
The respondent is likely to alienate property.
Monthly maintenance needs security.
Settlement terms require enforceable protection.

In drafting settlement terms, property security should be clear, registered where necessary, and structured to avoid future ambiguity.

15. Permanent Alimony in Mutual Consent Divorce

In mutual consent divorce, permanent alimony is usually settled contractually between parties and recorded in the first motion and second motion statements. The settlement may provide:

Full and final lump-sum settlement.
Installment-based payment.
Payment at first motion and second motion.
Return of stridhan.
Withdrawal of criminal and civil proceedings.
Child maintenance and education.
Waiver of future claims.
Default consequences.
Tax and mode-of-payment clarity.
Undertakings regarding no future litigation.

The strongest mutual consent divorce settlement is one that separates permanent alimony, child expenses, stridhan, litigation withdrawal and default clauses.

16. Tax and Mode of Payment Issues

Permanent alimony settlements often ignore tax, mode of payment and proof of payment. That is a mistake.

The settlement should clearly specify:

Whether payment is lump sum or periodic.
Whether payment is by bank transfer, demand draft or cheque.
Exact payment schedule.
Whether payment is linked to first motion, second motion or decree.
Consequence of default.
Whether any tax liability is acknowledged or left to law.
Whether payment is full and final.
Whether child maintenance is separate.

Tax consequences may vary depending on structure and facts. Specific tax advice should be taken before final settlement.

17. Documents Required for Permanent Alimony Application

A Section 25 application or settlement should be supported by relevant records, including:

Marriage proof.
Decree or pending matrimonial case details.
Income tax returns.
Salary slips.
Bank statements.
Property documents.
Business ownership records.
Loan and liability documents.
Children’s school fee records.
Medical bills.
Prior maintenance orders.
Settlement documents, if any.
Stridhan list, if relevant.
Asset-liability affidavit.
Proof of standard of living during marriage.

Permanent alimony litigation is financial litigation. Documents matter more than rhetoric.

18. Common Mistakes by Claimants

A claimant may weaken the case by:

Asking for an unrealistic amount without documents.
Suppressing income or assets.
Not explaining the standard of living during marriage.
Failing to disclose existing maintenance orders.
Not separating spouse support from child expenses.
Ignoring tax and mode-of-payment issues.
Not pleading career sacrifice or childcare responsibility.
Not filing asset-liability disclosure.
Treating alimony as punishment.
Failing to address respondent’s actual capacity.

The court is more likely to accept a realistic, well-supported claim than an inflated claim.

19. Common Mistakes by Respondents

A respondent may damage the defence by:

Hiding income.
Showing artificial liabilities.
Transferring property after litigation begins.
Claiming poverty while maintaining high lifestyle.
Not disclosing business interests.
Ignoring spouse’s contribution to marriage.
Ignoring children’s expenses.
Relying only on allegations of claimant’s earning capacity.
Not seeking set-off for amounts already paid.
Failing to comply with interim maintenance orders.

The strongest defence is full disclosure with credible documents.

20. Stronger Legal Strategy

For the claimant, the stronger route is:

Plead the exact statutory basis under Section 25.
File complete financial disclosure.
Show need, dependency and long-term financial impact.
Prove respondent’s income, property and lifestyle.
Explain duration of marriage and sacrifices made.
Separate child expenses from spouse alimony.
Seek lump sum, monthly payment or property security based on facts.
Address prior orders and set-off transparently.

For the respondent, the stronger route is:

Disclose real income and liabilities.
Challenge inflated claims with documents.
Show claimant’s actual income or assets.
Seek adjustment for prior payments.
Offer realistic settlement where appropriate.
Avoid concealment and false poverty.
Separate child responsibilities from spouse claims.
Seek structured payment terms if lump sum is not possible.

Permanent alimony is not about who shouts louder. It is about who proves financial reality better.

21. Delhi / NCR Relevance

For matrimonial litigation in Delhi, Gurugram, Noida and the wider NCR region, permanent alimony under Section 25 often arises in contested divorce, mutual consent divorce, annulment, judicial separation and post-decree applications. Courts are increasingly attentive to income disclosure, lifestyle evidence, property holdings, bank transactions, prior maintenance orders and settlement terms.

22. Conclusion

Permanent alimony under Section 25 of the Hindu Marriage Act is a powerful but discretionary remedy. It exists to prevent unfair financial hardship after matrimonial proceedings, but it is not automatic and not punitive.

The court examines income, property, conduct, circumstances, children’s needs, standard of living, future requirements and fairness. The modern approach after Rajnesh v. Neha demands financial transparency. The 2025 Supreme Court ruling in Sukhdev Singh v. Sukhbir Kaur further clarifies that even a spouse in a void marriage may seek Section 25 relief, subject to facts and discretion.

The strongest permanent alimony case is one that is properly documented, financially realistic and legally structured.

For more family law and matrimonial law articles, visit www.fastracklegalsolutions.com.

FAQs on Permanent Alimony under Section 25 HMA

1. What is permanent alimony under Section 25 Hindu Marriage Act?

Permanent alimony under Section 25 is financial support that may be ordered by the matrimonial court at the time of passing any decree or after the decree. It may be a lump sum, monthly amount or periodical payment.

2. Can a husband claim permanent alimony?

Yes. Section 25 is gender-neutral and allows either the wife or the husband to apply, subject to financial need, capacity and judicial discretion.

3. Is permanent alimony automatic after divorce?

No. Permanent alimony is discretionary. The court examines income, property, conduct and circumstances before granting relief.

4. Can permanent alimony be paid as a lump sum?

Yes. Section 25 permits a gross sum, monthly payment or periodical payment, depending on what the court considers just.

5. Can permanent alimony be changed later?

Yes. Section 25(2) allows variation, modification or rescission if circumstances of either party change.

6. Can alimony be granted in a void marriage?

Yes. In Sukhdev Singh v. Sukhbir Kaur, the Supreme Court held that a spouse whose marriage is declared void under Section 11 may seek permanent alimony under Section 25, subject to facts and conduct of parties.

7. What factors are considered for alimony?

Courts consider income, property, standard of living, conduct, duration of marriage, children’s expenses, liabilities, health, age, earning capacity and overall fairness.

8. Can alimony be secured against property?

Yes. Section 25 permits payment to be secured by a charge on the respondent’s immovable property if necessary.

Disclaimer

This article is intended solely for general legal awareness and informational purposes. It does not constitute legal advice, legal opinion, solicitation, advertisement or an invitation to create an advocate-client relationship. Permanent alimony, maintenance after divorce and matrimonial settlement issues are fact-specific and depend upon pleadings, income disclosure, assets, liabilities, applicable personal law, forum, jurisdiction, existing orders, settlement terms and evidence. Readers should seek independent legal advice before acting on the basis of this article.

Fastrack Legal Solutions