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HINDU LAW — COMPREHENSIVE NOTES

Topic 74

Permanent Alimony vs. Monthly Maintenance

Maintenance — Comparative & Cross-Statute

Relevant Sections: S.25 HMA | S.24 HMA | S.18-23 HAMA

Priority: MEDIUM | Exam Relevance: DJS/PCS-J

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Permanent Alimony vs. Monthly Maintenance

1. Introduction

The Hindu Marriage Act, 1955 (HMA) provides for two distinct types of financial relief for spouses: (a) Maintenance Pendente Lite and Litigation Expenses (S.24 HMA) — interim relief during pendency of proceedings; and (b) Permanent Alimony and Maintenance (S.25 HMA) — final relief at or after the decree. Additionally, HAMA provides ongoing maintenance under Sections 18–23. This topic provides a comparative analysis of these provisions.

2. Section 24 HMA — Maintenance Pendente Lite

A. Scope

Where in any proceeding under the HMA it appears to the court that either spouse has no independent income sufficient for his/her support and the necessary expenses of the proceeding, the court may order the respondent to pay interim maintenance and litigation expenses. This is a temporary measure operative during the pendency of the case.

B. Key Features

• Available to Both Spouses: Both husband AND wife can claim under S.24 (gender-neutral).
• Condition: No independent income sufficient for support and litigation expenses.
• Duration: From the date of the application to the date of the decree.
• Amount: Reasonable amount considering the respondent’s income. The Supreme Court in Rajnesh v. Neha (2021) directed that interim maintenance should be decided within 60 days of service of notice.

3. Section 25 HMA — Permanent Alimony and Maintenance

A. Scope

At the time of passing any decree or at any time subsequent thereto, on an application made by either the wife or the husband, the court may order the respondent to pay permanent maintenance or a lump sum for the support of the applicant. The court may also order periodic payments.

B. Key Features

• Timing: Can be granted at the time of decree OR at any time after the decree. There is no limitation period for making an application under S.25.
• Gross Sum or Monthly: The court may order: (a) a lump sum (one-time payment); OR (b) monthly or periodic maintenance; OR (c) a combination of both.
• Available in ALL Decrees: Permanent alimony can be granted in decrees of divorce (S.13), nullity (S.11/12), judicial separation (S.10), and restitution of conjugal rights (S.9). The Supreme Court in Sukhdev Singh v. Sukhbir Kaur (2025) confirmed that S.25 applies even to void marriages under S.11.
• Factors for Determination (S.25(2)): Respondent’s income and property; applicant’s income and property; conduct of parties; other circumstances of the case.
• Variation and Rescission (S.25(3)): On a change of circumstances, the court may modify, vary, or rescind the order. Remarriage of the applicant is a ground for rescission. Change in income of either party is also a valid ground.

4. Sections 18–23 HAMA — Ongoing Maintenance

A. Section 18 — Wife’s Maintenance

Provides maintenance during the subsistence of marriage. Unlike S.25 HMA, this is NOT dependent on any matrimonial decree. A Hindu wife can claim maintenance under S.18 HAMA even without filing for divorce or judicial separation.

B. Section 23 — Factors for Quantum

The court considers: position and status of parties; reasonable wants of the claimant; if the claimant is living separately, whether such living apart is justified; the value of the claimant’s property and income from it; the number of persons entitled to maintenance.

5. Comprehensive Comparative Table

6. Lump Sum vs. Monthly — Judicial Trends

The trend in recent Supreme Court jurisprudence is towards lump-sum settlements to ensure finality and reduce future litigation. In cases involving irretrievable breakdown of marriage (especially under Article 142 powers, as in Shilpa Sailesh v. Varun Sreenivasan (2023)), the Supreme Court frequently directs lump-sum payments considering the husband’s total income, duration of marriage, and the wife’s earning capacity.

However, monthly maintenance remains the norm in most Family Court orders, particularly where the husband’s income is salaried and fixed. Courts typically award 20–30% of the husband’s net income as monthly maintenance, though this is a guideline, not a rule.

7. Key Case Law

8. Exam Tips

— End of Topic 74 —

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