Sections 24 and 25: Interim Maintenance, Proceeding Expenses and Permanent Alimony
Sections 24 and 25 of the Hindu Marriage Act, 1955 provide financial relief between spouses in matrimonial proceedings. Section 24 deals with maintenance during the proceeding and necessary litigation expenses, while Section 25 empowers the court to grant permanent alimony and maintenance when passing a decree or later.
Section 24 - Maintenance pendente lite and expenses of proceedings
Meaning: "Pendente lite" means during the pendency of litigation. Section 24 is intended to enable a spouse who lacks sufficient independent income to maintain herself or himself and to meet the necessary expenses of proceedings under the Hindu Marriage Act.
Where, in a proceeding under the Act, the court finds that either spouse has no independent income sufficient for support and the necessary expenses of the proceeding, the court may, on that spouse's application, direct the respondent to pay reasonable proceeding expenses and a monthly amount during the proceeding. In fixing the amount, the statute requires consideration of the applicant's own income and the respondent's income.
The proviso to Section 24 states that an application for proceeding expenses and monthly maintenance during the proceeding should, as far as possible, be disposed of within 60 days from service of notice on the wife or husband, as the case may be.
Who can apply under Section 24?
Section 24 is gender-neutral in its wording. An application may be made by either the wife or the husband when the applicant does not have independent income sufficient for support and the necessary expenses of the matrimonial proceeding.
What does the court consider?
- Whether the applicant has independent income sufficient for support and litigation expenses.
- The applicant's own income.
- The income of the respondent.
- A reasonable amount for proceeding expenses and monthly support during the case.
Section 25 - Permanent alimony and maintenance
Meaning: Permanent alimony under Section 25 is maintenance and support that a court exercising jurisdiction under the Hindu Marriage Act may award when passing a decree or at any time after the decree. The relief may be a gross lump sum or a monthly or periodical sum for a term not exceeding the life of the applicant.
Section 25(1) - Grant of permanent alimony
On an application by either the wife or the husband, the court may order the respondent to pay maintenance and support. In determining what is just, Section 25(1) directs the court to consider the respondent's income and other property, the applicant's income and other property, the conduct of the parties and other circumstances of the case. If necessary, payment may be secured by a charge on the respondent's immovable property.
Section 25(2) - Variation, modification or rescission
If circumstances of either party change after an order under Section 25(1), the court may, at the instance of either party, vary, modify or rescind the order in a manner it considers just.
Section 25(3) - Remarriage and specified subsequent conduct
Section 25(3) permits the court, at the instance of the other party, to vary, modify or rescind an order if the person in whose favour it was made has remarried. The provision also specifies circumstances concerning post-order sexual conduct of the wife or husband that may be considered for variation, modification or rescission.
Difference between Section 24 and Section 25
| Point | Section 24 | Section 25 |
|---|---|---|
| Nature of relief | Interim maintenance and proceeding expenses | Permanent alimony and maintenance |
| Stage | During a proceeding under the Act | At the time of a decree or any time subsequently |
| Applicant | Wife or husband satisfying the statutory income condition | Either wife or husband |
| Form of payment | Proceeding expenses and monthly sum during the proceeding | Gross sum or monthly or periodical sum |
| Later alteration | Operates during the pending proceeding | Express power to vary, modify or rescind under Section 25(2) and (3) |
Practical points
A maintenance application should ordinarily place reliable financial material before the court. The exact amount is not fixed by Sections 24 or 25; the court applies the statutory factors to the facts and financial circumstances of the parties. Orders therefore depend on the evidence and circumstances of the individual case.