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Section 25 HMA | Spouse Can't Be...

Section 25 HMA | Spouse Can't Be Directed To Pay Permanent Alimony In Absence Of An Application: Madhya Pradesh High Court Reiterates

Anukriti Mishra

2 April 2025 10:30 AM IST

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Section 25 HMA | Spouse Cant Be Directed To Pay Permanent Alimony In Absence Of An Application: Madhya Pradesh High Court Reiterates

The Madhya Pradesh High Court has reiterated that without filing a formal application–either written or separate–under Section 25 of the Hindu Marriage Act (HMA), a spouse cannot be directed to pay permanent alimony. Section 25 pertains to Permanent alimony and maintenance. It states that any court exercising jurisdiction under HMA may, at the time of passing any decree or at any...

Section 25 pertains to Permanent alimony and maintenance. It states that any court exercising jurisdiction under HMA may, at the time of passing any decree or at any time subsequent thereto, on an "application made to it for the purpose by either the wife or the husband", as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support a "gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant".

The court is to have regard to the respondents own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just.

A division bench of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh perused the record and observed that there was no application under Section 25 filed before the trial Court.

Referring to various rulings, including the high court's ruling in Abhishek Parashar Vs. Neha Parashar (2023), the bench thereafter said:

“Thus, from the judgement of this Court, it is clear that atleast an application demanding permanent alimony is required, that may be either in a written statement or by a separate application. Thus, without demanding permanent alimony in the written statement or by a separate application, learned Trial Court would not have granted permanent alimony to the respondent/wife.”

The court was hearing the husband's appeal under Section 28(4) of the Hindu Marriage Act (HMA), who was partially aggrieved by the trial court's judgment and decree passed under Section 25 HMA where the husband was directed to pay Rs. 12,000 per month as maintenance to the respondent-wife before the seventh of every month.

As per the factual matrix of the case, the husband had moved an application under Section 13(1) HMA for dissolution of marriage. The wife was proceeded ex-parte before the trial court. After recording the evidence of the husband, the Trial Court granted him the decree of divorce on the ground of cruelty and also passed an order under Section 25 HMA. Thus, the husband moved the high court against the challenged the order under Section 25 of HMA, 1955.

The High Court referred to a catena of judgements and held that without demanding permanent alimony in the written statement or by a separate application, the Trial Court should not have granted permanent alimony to the respondent/wife.