Permanent alimony is a financial provision ordered by a court to be paid by one spouse to the other following the conclusion of matrimonial proceedings, either as a lump sum or as periodic payments. Under Indian law, permanent alimony is governed by Section 25 of the Hindu Marriage Act, 1955, which empowers the court to make such orders at the time of passing a decree or at any time thereafter.
Legal definition
Section 25 of the Hindu Marriage Act, 1955 provides:
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time after the decree, 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 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, the conduct of the parties, and other circumstances of the case, it may seem to the court to be just.
(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.
The Special Marriage Act, 1954 contains an equivalent provision under Section 37. Section 125 CrPC (Section 144 BNSS) provides a separate maintenance remedy that continues post-divorce.
How courts have interpreted this term
Rajnesh v. Neha [(2021) 2 SCC 324]
The Supreme Court issued comprehensive guidelines for the determination of permanent alimony, directing courts to consider: the income, earning capacity, and assets of both parties; the standard of living during the marriage; the duration of the marriage; the age and health of the parties; the needs of dependent children; and any other relevant circumstances. The Court emphasised that the objective is to ensure that the financially weaker spouse is not left destitute after the dissolution of the marriage.
Kumar v. Chander [(2025) INSC 197]
The Supreme Court held that permanent alimony and interim maintenance under the Hindu Marriage Act can be granted even when the marriage has been declared void under Section 11. The Court observed that a spouse whose marriage is declared void is entitled to invoke Section 25 for permanent alimony, and whether such relief can be granted depends on the facts of each case and the conduct of the parties.
Kiran Jyot Maini v. Anish Pramod Patel [(2024) INSC]
The Supreme Court upheld a lump-sum permanent alimony settlement in a mutual consent divorce, encouraging courts to prefer lump-sum settlements over periodic maintenance where the financial circumstances of the parties permit. The Court observed that lump-sum settlements bring finality and avoid prolonged enforcement disputes.
Why this matters
Permanent alimony is the primary mechanism for ensuring financial justice upon the dissolution of a marriage. Unlike interim maintenance, which is temporary and limited to the duration of proceedings, permanent alimony is intended to provide long-term financial security to the spouse who is unable to support themselves after divorce.
The determination of the quantum of permanent alimony is one of the most contested issues in Indian matrimonial litigation. There is no fixed formula — the court exercises discretion based on the criteria in Section 25, giving weight to the parties' respective incomes, the standard of living during the marriage, the duration of the marriage, and the conduct of the parties. Courts have increasingly encouraged lump-sum settlements as they bring finality and reduce the need for recurring enforcement proceedings.
The 2025 Supreme Court ruling extending permanent alimony to void marriages is particularly significant. It ensures that a spouse who entered a void marriage in good faith is not left without financial protection. This ruling recognises that the practical financial dependency created during a void marriage is no less real than in a valid marriage, and that equity demands appropriate provision for the affected spouse.
Related terms
Broader concepts:
Related remedies:
Procedural context:
Frequently asked questions
Can permanent alimony be modified after it is ordered?
Yes. Section 25(2) of the Hindu Marriage Act expressly allows either party to apply for variation, modification, or rescission of a permanent alimony order if there is a change in circumstances. Common grounds for modification include a significant change in the income of either party, remarriage of the recipient, or the recipient becoming self-sufficient.
Is permanent alimony available in void marriages?
Yes. The Supreme Court has held that permanent alimony under Section 25 HMA can be granted even when the marriage has been declared void under Section 11. The court considers the facts of the case and the conduct of the parties in determining whether and how much alimony to award.
What is the difference between permanent alimony and maintenance under Section 125 CrPC?
Permanent alimony under Section 25 HMA is available only within matrimonial proceedings and may be awarded as a lump sum or periodic payments. Maintenance under Section 125 CrPC (Section 144 BNSS) is a separate criminal remedy that provides monthly maintenance to a wife unable to maintain herself, available regardless of religion. A divorced wife may pursue both remedies, but the total received must be adjusted to prevent double recovery.
Does remarriage affect permanent alimony?
If the recipient of permanent alimony remarries, the respondent may apply under Section 25(3) for rescission of the order. The court will generally terminate permanent alimony upon remarriage, as the basis for the award — inability to maintain oneself — is presumed to have changed.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.