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Report No. 98

2.2. Section 25, Hindu Marriage Act.-

Permanent alimony and maintenance for spouses are dealt with in section 25 of the Act, reading as under:-

"25. (1) Any court exercising jurisdiction under this Act, may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum, for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it shall rescind the order."

This section is also confined to spouses and requires A formal application. It is confined to permanent maintenance, while section 24 is confined to interim maintenance.



Sections 24 to 26 of the Hindu Marriage Act, 1955 - Orders for Interim Maintenance and Orders for the Maintenance of Children in Matrimonial Proceedings Back




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