Sections 24 and 25 of the Hindu Marriage Act

Section 24: while the case runs

Section 24 is interim maintenance plus the expenses of the proceedings. It exists so that the poorer spouse can actually fight the case rather than being starved into a settlement.

It is worded neutrally. Either spouse can apply. In practice most applications are by wives, but a husband with no independent income can and does apply under this section, and this is the main route by which Indian courts award maintenance to men.

An application is meant to be disposed of within sixty days of service of notice. Treat that as an aspiration.

Section 25: permanent alimony

Section 25 is the permanent settlement, ordered at the time of the decree or at any point afterwards. The court can order a gross sum, or periodical payments for a term or for life, and can secure the payment against the paying spouse's property.

The choice between a lump sum and a monthly order is a real strategic decision and it is worth thinking about before you get to court.

A lump sum is usually better for the recipient when

• The payer's income is unstable, or he is likely to move abroad or change jobs
• Enforcement looks like it will be a fight
• The payment period would be long, because a fixed monthly figure loses real value every year and Indian inflation is not gentle
• You want the relationship over rather than renegotiated every few years

A monthly order is usually better when

• The payer has a steady, verifiable salary
• His income is likely to rise, since the order can be varied upwards
• There is no realistic capital sum available now

Varying and cancelling an order

Section 25(2) lets a court vary, modify or rescind an order if there is a change in circumstances. A substantial rise in the payer's income is a ground for seeking enhancement. So is a long-standing order that has lost its real value.

Section 25(3) allows an order to be varied or rescinded if the recipient remarries, or if the recipient has not remained chaste. That second limb is worded in gendered terms in the original statute and has been read down in practice, but it is still on the books.

Questions people actually ask

Can a husband get maintenance under the Hindu Marriage Act?

Yes. Section 24 is worded neutrally and either spouse may apply. Awards to husbands are uncommon but they are made, usually where the husband has no independent income and the wife does.

What is the difference between Section 24 and Section 25?

Section 24 is interim maintenance and litigation costs while the case is pending. Section 25 is permanent alimony ordered at or after the decree, and can be a gross sum or periodic payments.

Can permanent alimony be a one-time payment?

Yes. Section 25 expressly allows a gross sum. Courts often prefer it where a clean break is appropriate or where enforcement of a monthly order looks difficult.

Does alimony under Section 25 stop on remarriage?

It can. Section 25(3) allows the court to vary or rescind the order if the recipient remarries. It is not automatic, an application has to be made.