Permanent Alimony Under Section 25 HMA in 2026: Lump Sum, Monthly Maintenance, Remarriage, Modification and Enforcement

Deep Dive: Section 25 HMA After the Supreme Court’s 2025 Clarification

The law on permanent alimony under Section 25 HMA became significantly clearer after the Supreme Court’s three-judge decision in Sukhdev Singh v. Sukhbir Kaur, 2025 INSC 197. The Court held that a spouse whose marriage is declared void under Section 11 HMA is not automatically excluded from seeking permanent alimony under Section 25. The existence and quantum of relief remain discretionary and fact-specific.

This is an important authority because older case law had produced conflicting approaches. The judgment focuses on the statutory phrase “any decree” and confirms that a decree of nullity can fall within the Section 25 framework. It also separately recognises the availability of Section 24 interim maintenance in appropriate proceedings even where the marriage is alleged or ultimately found to be void.

18. Permanent alimony is discretionary, not an automatic percentage

Indian law does not prescribe a universal formula such as 25 percent, 33 percent or a fixed multiple of annual income for every Section 25 case. Courts examine the statutory factors and the overall circumstances. Any internet calculator claiming to determine permanent alimony through one fixed percentage should therefore be treated with caution.

The court may consider income, properties, liabilities, the duration of marriage, age, health, dependants, standard of living, earning ability, sacrifices made during marriage, conduct where legally relevant and the practical need for future financial security. The weight given to each factor depends on the case.

19. Rajnesh v. Neha and financial disclosure

The Supreme Court’s decision in Rajnesh v. Neha, (2021) 2 SCC 324, created a structured framework for financial disclosure in maintenance matters. Although the case dealt broadly with overlapping maintenance regimes and interim maintenance, its disclosure approach is highly relevant when a court is asked to assess permanent alimony.

A party seeking or opposing Section 25 relief should expect close scrutiny of income and assets rather than a decision based only on salary slips. Business interests, investments, rental income, family-controlled companies, foreign earnings, loans and lifestyle indicators can all become relevant.

20. Income is broader than salary

For a salaried employee, income may be relatively straightforward to establish through salary slips, Form 16, tax returns and bank statements. For a business owner, professional, partner or promoter, the court may need a wider picture. Relevant material can include:

• income-tax returns and computation sheets;
• GST returns and turnover data where relevant;
• company financial statements;
• director remuneration and dividends;
• partnership drawings;
• rental income;
• capital gains;
• investment portfolios;
• foreign income and overseas accounts;
• perquisites paid by a company;
• credit card and lifestyle expenditure;
• loan repayments indicating financial capacity.

The goal is to identify real financial capacity rather than only the figure described as monthly salary.

21. Hidden income and lifestyle evidence

Where a party alleges that the other spouse is under-reporting income, the allegation should be supported by objective indicators. High-value property purchases, luxury vehicles, international travel, expensive school fees, substantial investments, corporate directorships and recurring high-value expenditure may justify closer inquiry.

However, lifestyle evidence is circumstantial. It should be connected to reliable documents and should not become speculation based on social media photographs alone.

22. Income of the applicant also matters

Section 25 expressly requires consideration of the applicant’s own income and property. A spouse with independent income is not automatically disqualified from receiving alimony, but the amount and need may be assessed differently from a spouse with no meaningful earning capacity.

The real comparison is not simply “earning versus non-earning”. Courts may examine whether the applicant’s income is sufficient to maintain a reasonable standard of living in light of the marriage and surrounding circumstances.

23. Earning capacity is not the same as actual income

A frequently contested issue is whether an educated spouse should be denied maintenance because he or she is capable of working. Courts distinguish between theoretical capacity and actual financial circumstances. A professional qualification can be relevant, but it does not automatically establish present income.

At the same time, deliberate unemployment, concealment of employment or refusal to disclose income can affect credibility. Evidence should focus on actual qualifications, work history, health, childcare responsibilities, job market realities and current earnings.

24. Homemaking and career sacrifice

A spouse who left employment or slowed a career to manage the household or raise children may rely on that history when seeking long-term financial support. Permanent alimony analysis can consider the economic effect of years spent outside the workforce and the difficulty of re-entering employment at the same level later.

This does not create an automatic entitlement to a particular figure, but it is part of the “other circumstances of the case” that can inform a just order.

25. Duration of marriage

The duration of marriage can materially influence permanent alimony. A short marriage with two financially independent professionals may present a very different financial picture from a 25-year marriage in which one spouse spent decades as the primary homemaker.

Duration is not a mathematical multiplier. It must be assessed together with age, children, income, assets and the economic consequences of separation.

26. Age and health

A younger applicant with strong earning prospects may have different future needs from an older spouse with chronic illness or limited employment options. Medical costs, insurance, disability, caregiving requirements and expected working life can all be relevant.

Medical claims should be documented through reliable records rather than broad assertions.

27. Children and Section 25

Section 25 concerns support between spouses. Children’s maintenance and expenses are separate legal obligations. A permanent alimony order should therefore distinguish between spousal support and child support.

In negotiated settlements, this distinction is even more important. A settlement should state whether school fees, higher education, medical insurance, extracurricular expenses and extraordinary medical costs are included in or separate from the amount paid to the spouse.

28. Lump-sum valuation requires a financial model

A lump-sum settlement should not be chosen merely because it sounds final. Counsel should examine the payer’s liquidity, the recipient’s future requirements, inflation, housing, medical needs, dependants, taxation issues requiring professional advice, and the likelihood of future enforcement problems.

A large headline number may still be impractical if it is payable in instalments without security or if the payer has no liquid assets. Conversely, a carefully structured lump sum can provide certainty and reduce future litigation.

29. Monthly maintenance may be appropriate where income is stable

Monthly or periodical payments can be suitable where the payer has a predictable salary or pension and the recipient requires continuing support. They can also preserve flexibility because Section 25(2) allows modification if circumstances later change.

The disadvantage is the possibility of repeated default, enforcement proceedings and continuing financial interaction between former spouses.

30. Hybrid structures

Parties sometimes negotiate a hybrid arrangement, such as a lump sum toward housing plus monthly child support or a staged settlement linked to transfer of property. Whether the court can embody a particular structure depends on the statutory relief, the settlement terms and the court’s jurisdiction.

Drafting should clearly identify what each component represents and when the obligation is discharged.

31. Security by charge over immovable property

Section 25 expressly permits the court, where necessary, to secure payment by creating a charge on the respondent’s immovable property. This power is significant when the payer has valuable property but there is a genuine concern that periodic payments may not be honoured.

If security is sought, the property should be identified precisely through title details, address, share and encumbrance status. An undefined request for a “charge over assets” may be difficult to enforce.

32. Alimony and transfer of property

A settlement may contemplate transfer of a flat, share in property or other asset instead of or in addition to cash. Property transfer raises separate questions of title, stamp duty, registration, existing loans, society approvals and tax advice. The matrimonial settlement should not assume that mentioning a property in a consent term automatically perfects legal title.

33. Permanent alimony in void marriages after Sukhdev Singh

The 2025 Supreme Court decision makes it clear that Section 25 relief is legally available even when a marriage has been declared void under Section 11. But the judgment does not say that maintenance must be granted in every void marriage. The Court emphasised discretion, facts and conduct.

This matters in cases involving subsisting prior marriages, prohibited relationships or sapinda relationships. The court can examine whether either spouse concealed material facts, whether the parties acted knowingly and the broader equities before determining relief.

34. Section 25 after annulment of a voidable marriage

Section 25 uses the phrase “any decree”, and the statutory framework includes decrees under Section 12 for voidable marriages. A party seeking permanent alimony after annulment should provide the decree, financial disclosure and relevant circumstances rather than assume that only a divorce decree can support Section 25 relief.

35. Section 25 after judicial separation

Because Section 25 is linked to decrees under the Act and is not textually confined to divorce, its application can arise in proceedings involving judicial separation as well. The precise relief and later consequences should be examined from the decree and case-specific facts.

36. Conduct of the parties

Section 25 expressly refers to conduct. This does not mean every matrimonial allegation automatically increases or reduces alimony. Conduct relied upon should have legal relevance and should be proved. Courts generally focus on financial fairness and the circumstances of the marriage rather than using maintenance as punishment.

37. Criminal complaints and conduct

Parallel criminal or domestic violence proceedings may form part of the matrimonial background. A pending complaint does not automatically prove the allegations. An acquittal does not automatically determine alimony either. The Section 25 court should assess proved facts and the legal effect of other proceedings carefully.

38. Multiple maintenance orders and disclosure

A spouse may receive maintenance under Section 24 HMA, Section 144 BNSS, the Domestic Violence Act or another legal framework. The Supreme Court in Rajnesh v. Neha emphasised disclosure and adjustment to avoid duplication. A Section 25 application should therefore place all existing orders before the court.

39. Arrears under earlier maintenance orders

Permanent alimony negotiations should expressly address arrears. A settlement saying “all claims are settled” can become contentious if it does not clarify whether existing arrears, litigation expenses and execution costs are included. A schedule of amounts paid and outstanding should be prepared before signing final terms.

40. Modification under Section 25(2): what counts as changed circumstances?

Section 25(2) is one of the most important features of periodic alimony. It permits the court to vary, modify or rescind an earlier order if the circumstances of either party have changed. The change should be real, material and proved through evidence.

Examples that may justify examination include substantial loss of income, retirement, serious illness, a major increase in the recipient’s independent income, acquisition of substantial assets, a significant change in dependants, or another development that alters the financial foundation on which the earlier order was made.

A temporary fluctuation in business income may not carry the same weight as a permanent closure of business. Likewise, a voluntary reduction of salary or transfer of assets to relatives may be scrutinised closely if it appears designed to defeat the maintenance obligation.

41. Job loss and reduction of income

A payer who loses employment should not simply stop paying. The proper course is to approach the court for modification if the order has become unworkable. The application should disclose the date and reason for job loss, severance benefits, savings, new employment efforts, other income and liabilities.

The court can distinguish genuine unemployment from strategic underemployment. A person who resigns from a high-paying job immediately after an alimony order may face questions about motive and continuing financial capacity.

42. Retirement and pension

Retirement can materially change monthly cash flow, but it may also generate pension, provident fund, gratuity or retirement corpus. A modification application should therefore present the complete post-retirement financial picture rather than only the drop in salary.

43. Increase in the recipient’s income

If the recipient later secures substantial employment, inherits income-producing property or develops a successful business, the payer may seek modification where the change is material. The existence of new income does not automatically terminate the order. The court considers whether the original balance between the parties has materially changed.

44. Remarriage and Section 25(3)

Section 25(3) specifically authorises the court, at the instance of the other party, to vary, modify or rescind an order if the person in whose favour the order was made has remarried. The statutory structure is important: remarriage is a ground for judicial modification or rescission. Parties should not assume that a continuing payment order vanishes automatically without examining its terms and seeking appropriate relief.

45. Remarriage should be proved, not merely alleged

If remarriage is disputed, the applicant should produce reliable proof. A social media photograph or rumour may not be sufficient by itself. Marriage registration, public records, admissions, ceremony evidence or other legally reliable material may become relevant depending on the case.

46. Live-in relationships and Section 25(3)

Section 25(3) uses specific statutory language. A live-in relationship is not automatically identical to remarriage. If a party relies on post-decree conduct under Section 25(3), the pleading should be tied to the exact statutory text and the facts that can be proved. Broad moral allegations should not replace legal analysis.

47. Enforcement through Section 28A HMA

Section 28A states that decrees and orders under the HMA shall be enforced in the like manner as decrees and orders of the court made in exercise of original civil jurisdiction. This means the successful party may use execution mechanisms rather than filing a fresh substantive case for the same ordered amount.

The execution strategy depends on the nature of the payer’s assets and income. Attachment of salary, bank accounts or property may arise under the procedural law applicable to execution, subject to exemptions and court directions.

48. Execution is not the same as contempt

Non-payment of alimony can lead parties to use the word “contempt”, but the existence of a money order does not mean every default should automatically be treated as contempt. Execution is the normal mechanism for enforcing monetary decrees and orders. Contempt depends on different legal requirements, including the nature of disobedience and the order involved.

49. Instalment defaults in lump-sum settlements

Many settlements divide a lump-sum amount into stages linked to first motion, second motion, quashing, withdrawal of complaints or transfer of property. The agreement should specify what happens if an instalment is delayed or not paid.

Ambiguity at this stage can destabilise the entire settlement. The drafting should address payment dates, mode of payment, proof of payment, consequences of default and the relationship between payment and each reciprocal step.

50. Full-and-final settlement language

A strong settlement distinguishes between categories of claim instead of using one vague sentence saying “nothing remains due”. Depending on the case, the document may separately address:

• past maintenance arrears;
• future spousal maintenance;
• permanent alimony;
• litigation expenses;
• stridhan and jewellery;
• property claims;
• child maintenance;
• school and medical expenses;
• criminal and DV proceedings;
• return of documents and belongings.

Recent Supreme Court decisions concerning matrimonial settlements reinforce the need to read the actual terms before assuming that a later claim is barred. See our analysis of maintenance after a full-and-final divorce settlement.

51. Settlement should identify the source of funds

Where a large lump sum is to be paid, the settlement should be realistic about how the payer will fund it. If payment depends on sale of property, liquidation of investments or release of a loan, the timeline should reflect that. A settlement that requires impossible performance can generate new litigation instead of ending the old litigation.

52. Payment by demand draft, bank transfer or escrow

For significant matrimonial settlements, traceable payment methods are preferable. The agreement can identify bank transfer details, demand draft particulars or, in an appropriate commercial-style settlement, an escrow mechanism. Cash payments can create avoidable disputes about whether and when money was received.

53. NRI permanent alimony

NRI cases require additional financial investigation. Salary may be paid in foreign currency, taxes may be deducted abroad, housing may be employer-provided and retirement contributions may exist in foreign accounts. Currency conversion should be based on a transparent date or method rather than a convenient round figure.

The court may need to understand net disposable income after genuine foreign tax, housing and compulsory deductions. At the same time, a high nominal cost of living should not be asserted without documents.

54. Foreign assets and disclosure

Where a spouse has overseas bank accounts, stock options, restricted stock units, pension accounts, real property or partnership interests, these should be disclosed where relevant to the financial inquiry. The mere difficulty of obtaining foreign records does not justify concealment.

If discovery is contested, the court may require specific applications rather than broad fishing requests.

55. Stock options and variable compensation

Modern compensation packages can include bonuses, ESOPs, RSUs, commissions and deferred incentive payments. A maintenance assessment based only on fixed monthly salary may therefore be incomplete. Counsel should examine vesting schedules, annual compensation statements and actual realised value.

56. Business owners and retained earnings

A company’s turnover is not the same as the owner’s personal income. Equally, a promoter cannot necessarily shield personal financial capacity by leaving earnings within a closely controlled company. Courts may examine remuneration, dividends, related-party payments, personal expenses paid by the company and the economic reality of control.

Financial analysis should avoid simplistic assumptions in either direction.

57. Self-employed professionals

Doctors, lawyers, consultants, architects and other professionals may have fluctuating monthly receipts. A multi-year view of tax returns, bank credits, professional expenses and asset growth can provide a more reliable picture than one month’s earnings.

58. Property-rich but cash-poor parties

A person may own valuable real estate but have limited monthly liquidity. Section 25 expressly permits consideration of property, so asset ownership remains relevant. The court may need to balance ongoing cash-flow realities against substantial capital wealth.

This is one reason why lump-sum and security structures should be tailored to the asset profile rather than chosen mechanically.

59. Debt and liabilities

Not every claimed liability deserves equal weight. Genuine home loans, medical debt, tax liabilities and dependent-parent expenses can be relevant. Artificial loans from relatives created during litigation may attract scrutiny. The date, purpose, repayment history and documentary basis of each liability should be examined.

60. Standard of living

Maintenance law does not promise indefinite replication of every luxury enjoyed during marriage, but standard of living remains relevant to fairness. Evidence may include housing, vehicles, travel, schooling, household help, insurance and ordinary recurring expenditure.

The inquiry should focus on sustainable and reasonable support, not punishment or windfall.

61. Permanent alimony and property division are different

India does not apply a universal 50-50 marital property division rule under Section 25 HMA. Permanent alimony is a maintenance jurisdiction. Ownership of assets continues to depend on title, contribution, trust, stridhan and other legal principles unless parties settle otherwise.

A spouse should therefore not assume that a Section 25 application itself transfers half of every asset standing in the other spouse’s name.

62. Stridhan should not be confused with alimony

Stridhan belongs to the woman and is conceptually distinct from permanent alimony. A settlement that returns stridhan and also pays alimony should state both components separately. Treating return of the woman’s own property as if it were alimony can distort the settlement.

63. Residence and housing needs

Housing is often the largest post-divorce expense. A Section 25 proposal should consider whether the applicant owns a residence, pays rent, lives with family or requires relocation. Housing can be addressed through monthly support, a lump-sum component or property arrangements depending on the case.

64. Medical insurance and recurring health costs

Where a spouse has chronic medical needs, the settlement or order can address insurance premiums and predictable treatment costs. Medical records should support the claim and should be handled with privacy appropriate to matrimonial proceedings.

65. Education and retraining

In some cases, a spouse who has been outside the workforce may need time and resources to retrain. While Section 25 does not create a fixed “rehabilitative alimony” formula, the court can consider future earning prospects and circumstances when shaping a just order.

66. Evidence chronology for a Section 25 case

A financial case is easier to understand when documents are organised by year. Prepare a table showing employment, gross income, net income, major assets, liabilities, significant transfers and maintenance paid. This helps the court see whether an alleged sudden financial change is genuine or litigation-driven.

67. Discovery of bank accounts and investments

Requests for disclosure should be specific and proportionate. If a party knows of a particular bank, demat account, company or property, identify it. Broad demands for every transaction over many years may be resisted as excessive unless the case justifies them.

68. False disclosure can damage the entire case

Maintenance litigation depends heavily on candour. If a party hides employment, property or bank accounts and the concealment is later exposed, the damage may go beyond the single asset. The court can reassess credibility across the financial case.

69. Appeals from Section 25 orders

Section 28(2) HMA provides for appeals from certain non-interim orders under Sections 25 and 26. Where the order comes from a Family Court, the Family Courts Act and binding appellate jurisprudence must also be considered. Limitation should be checked immediately because matrimonial appellate periods can differ depending on the statutory route and forum.

70. Stay during appeal

Filing an appeal does not always suspend enforcement automatically. A party challenging a substantial alimony order should consider whether interim stay or other protection is required. The stay application should address prima facie grounds, financial hardship, balance of convenience and safeguards for the recipient.

71. Drafting a strong Section 25 application

A Section 25 application should not be a generic request for “reasonable permanent alimony”. It should tell the court what amount is sought, why that structure is appropriate and how the figure was derived. The application should connect financial facts to relief.

A useful structure is:

1. marriage and decree history;
2. present status of both parties;
3. income and asset disclosure;
4. liabilities and dependants;
5. standard of living during marriage;
6. career sacrifice or caregiving history where relevant;
7. health and housing needs;
8. existing maintenance orders and payments;
9. specific permanent alimony sought;
10. documents supporting each major figure.

72. Replying to a Section 25 application

The respondent should answer each financial assertion with documents, not broad denials. If the applicant understates income, identify the employer, business, property or investment and place supporting material on record. If the amount sought is unrealistic, show the actual monthly budget, liabilities and existing support already paid.

A reply should also disclose the respondent’s own income accurately. Courts are less likely to accept a defence based on financial hardship when the supporting disclosure is incomplete.

73. Financial disclosure schedule

For complex cases, attach a schedule covering:

• gross annual income for the last three years;
• net annual income after compulsory deductions;
• bank balances;
• fixed deposits;
• shares, mutual funds and demat holdings;
• retirement accounts;
• real estate and approximate market value;
• vehicles;
• business interests;
• foreign assets;
• secured and unsecured liabilities;
• monthly recurring household expenditure;
• support paid to children and dependants.

74. High-net-worth divorce and valuation disputes

HNI cases often involve valuation rather than simple income. A promoter may hold shares in an unlisted company, real estate through entities, partnership interests or trusts. The court may need expert material or audited statements to understand value and liquidity.

Valuation should not be confused with cash available for immediate payment. A business stake can be valuable but illiquid. Conversely, a low declared salary may not reflect the economic benefit derived from a controlled enterprise.

75. Family businesses and beneficial ownership

A spouse may work in or benefit from a family business without holding all assets personally. The court may examine actual remuneration, access to resources and beneficial interests, but ownership should not be assumed merely because the family is wealthy. Specific evidence is essential.

76. Gifts, inheritance and ancestral property

Property received through gift or inheritance can form part of the financial picture if it generates income or contributes to wealth, but title rights remain governed by property and succession law. Section 25 does not convert every inherited asset into divisible matrimonial property.

77. Permanent alimony after a short marriage

Short-duration marriages can still produce Section 25 claims. The court may, however, assess the financial interdependence differently from a long marriage. Relevant questions include whether either spouse left employment, whether children were born, whether assets were jointly acquired and whether there was a significant change in financial position because of the marriage.

78. Permanent alimony after a long marriage

Long marriages often involve deeper financial integration. A spouse may have spent decades out of employment, contributed through homemaking or caregiving and reached an age where rebuilding independent earning capacity is difficult. These circumstances can materially affect the assessment.

79. Permanent alimony where both spouses are high earners

Where both spouses have substantial and comparable independent incomes, the need for continuing spousal support may be lower. But the court can still examine assets, liabilities, child-related responsibilities and the economic history of the marriage.

80. Permanent alimony where one spouse has no declared income

No declared income does not necessarily mean no earning capacity or assets. The court can examine property ownership, bank transactions, lifestyle, business interests and financial support from controlled entities. Equally, lack of employment should not be treated as concealment without evidence.

81. Can permanent alimony be waived?

Parties can settle financial claims as part of a lawful matrimonial settlement. The effectiveness of a waiver depends on the language, voluntariness, legal context and the court order embodying or recognising the settlement. Child rights should not be casually treated as waived merely because spouses settle between themselves.

82. Can parties reopen a lump-sum settlement?

A carefully implemented full-and-final lump-sum settlement is intended to create closure. Whether it can later be reopened depends on the decree, settlement terms and recognised grounds such as fraud, coercion, misrepresentation, lack of authority or other legal defects. Mere regret is not the same as a legal ground to undo a settlement.

83. Consent should be documented

Where permanent alimony is settled, the statements of parties and settlement document should record the amount, mode, timing and scope of settlement. If multiple proceedings are being closed, each should be identified by case number and forum where possible.

84. Tax treatment requires specialist advice

The income-tax consequences of lump-sum and periodic matrimonial payments can depend on the nature of the payment, source, timing and surrounding documentation. Parties negotiating significant settlements should obtain current tax advice rather than relying on old internet summaries or assumptions.

85. Enforcement against salary

Where a continuing order is unpaid and the payer is salaried, execution may involve salary attachment subject to the Code of Civil Procedure and applicable exemptions. The decree-holder should provide accurate employer details and updated arrears calculations.

86. Enforcement against bank accounts and property

Where permitted by execution law, a decree-holder may seek attachment of bank accounts or other assets. The application should identify the asset as specifically as possible. Execution proceedings are substantially easier when the financial investigation was completed before the final order.

87. Interest on delayed payment

Whether interest is recoverable depends on the wording of the decree, settlement and legal basis of execution. If parties are negotiating a staged settlement, they should expressly decide whether delayed instalments carry interest or another consequence rather than leaving the issue ambiguous.

88. Permanent alimony and death of either party

Section 25 allows periodical support for a term not exceeding the life of the applicant. The effect of death on a particular order depends on its structure. A fully vested lump-sum liability may raise different questions from a monthly obligation. Estate and succession issues should be examined separately where death occurs before full payment.

89. Security for deferred lump-sum payment

If a settlement provides for a substantial deferred payment, security can be critical. Depending on the facts and legal advice, parties may consider a charge over property, escrow, bank guarantee or another lawful mechanism. The instrument should identify the secured amount and release conditions.

90. Scenario: salaried spouses with no children

Consider a marriage of six years where both spouses are employed, there are no children and their incomes are broadly similar. The court would examine the actual financial disparity, assets and circumstances rather than presume that one spouse must receive permanent alimony merely because divorce is granted.

91. Scenario: long marriage with homemaker spouse

Consider a 24-year marriage where one spouse left employment early, managed the home and raised two children while the other developed a high-income career. Permanent alimony analysis may place substantial weight on age, long-term financial dependence, housing, health, loss of career trajectory and future security.

92. Scenario: business owner claims low salary

If a spouse controls a profitable company but draws a modest formal salary, the court may examine dividends, director benefits, personal expenses paid by the company, loans to directors and the broader financial reality. The applicant should seek specific records rather than simply alleging that “the business is worth crores”.

93. Scenario: recipient remarries

If a person receiving monthly permanent alimony remarries, the payer should obtain reliable proof and apply under Section 25(3) for appropriate variation, modification or rescission. Simply stopping payment without a court order can create enforcement risk.

94. Scenario: payer retires

If the payer retires and income falls substantially, the court can examine pension, retirement corpus, assets, ongoing liabilities and the recipient’s circumstances. A modification application should be filed with full post-retirement disclosure.

95. Scenario: recipient becomes financially independent

If the recipient later develops a substantial independent income, the payer may seek modification under Section 25(2). The court will compare the new circumstances with those existing when the original order was made.

96. Search-focused quick answers

How much permanent alimony can a wife get in India?

There is no fixed statutory percentage. The court considers income, property, applicant’s resources, conduct and the other circumstances of the case.

Can a husband claim permanent alimony?

Yes. Section 25 permits either spouse to apply.

Can alimony be awarded if the marriage is void?

Yes, the Supreme Court in Sukhdev Singh v. Sukhbir Kaur, 2025 INSC 197, held that Section 25 relief can be available even after a decree declaring the marriage void, subject to judicial discretion.

Can permanent alimony be increased later?

Section 25(2) permits variation, modification or rescission if circumstances materially change.

Can permanent alimony be reduced after job loss?

A genuine and material change can support an application, but the payer should seek modification from the court rather than unilaterally stop paying.

Does remarriage affect permanent alimony?

Section 25(3) permits the other party to seek variation, modification or rescission after remarriage.

Is child support included in permanent alimony?

Not automatically. Child maintenance and expenses should be separately addressed in the order or settlement.

Can alimony be secured against property?

Yes. Section 25(1) permits payment to be secured, if necessary, by a charge on the respondent’s immovable property.

97. Final litigation checklist

1. Obtain the matrimonial decree.
2. Prepare three years of income records.
3. Disclose every existing maintenance order.
4. Prepare an asset and liability schedule.
5. Identify child expenses separately.
6. Quantify housing and medical needs.
7. Decide whether lump sum, periodic payment or a hybrid is sought.
8. Address arrears.
9. Consider security for deferred payment.
10. Draft variation and remarriage clauses carefully in settlement.
11. Check appeal and enforcement strategy immediately after the order.

98. Final legal takeaway

Section 25 HMA is a flexible, evidence-driven jurisdiction. It is not a percentage calculator and it is not confined to conventional divorce decrees. The strongest applications present a transparent financial record, explain future need or capacity and propose an order that can realistically be complied with and enforced.

99. Advanced drafting note: separate need, capacity and structure

Permanent alimony pleadings become clearer when three questions are kept separate. First, what is the applicant’s demonstrated financial need after accounting for independent income and assets? Second, what is the respondent’s real payment capacity after accounting for genuine liabilities and dependants? Third, what payment structure is workable: lump sum, monthly support, staged payment or a secured hybrid arrangement?

Mixing these questions often produces inflated figures without explanation. A reasoned calculation is more persuasive than a round number. If housing requires a one-time corpus but ordinary living expenses require monthly support, say so. If the payer can meet a substantial liability only after liquidation of an asset, identify the asset and realistic timeline. If the applicant already owns a debt-free residence, explain why additional housing support is still sought.

100. Advanced evidence note: use source documents, not summaries alone

Spreadsheets and financial charts are helpful, but they should lead back to source records. Each important figure should be traceable to a bank statement, tax return, salary record, property document, company filing or other reliable source. A summary prepared for litigation is only as persuasive as the evidence beneath it.

In high-value matters, maintain a document index with date, institution, account or asset, figure relied upon and page reference. This reduces cross-examination disputes and makes appellate review easier if the final order is challenged.

101. Advanced settlement note: define finality precisely

If the objective is complete financial closure, the settlement should say which claims are finally resolved and which survive. A child’s future education, emergency medical costs, tax liabilities, property registration expenses or pending arrears may require express treatment. Precision is more useful than a general phrase such as “all disputes stand settled”.

102. Professional review before consent terms are recorded

Once a settlement is recorded by a court and acted upon, reversing it can be difficult. Before statements are made, verify payment instruments, account details, property title, withdrawal obligations, quashing steps and the sequence of reciprocal acts. A permanent alimony settlement should close litigation, not create a fresh execution dispute.