Permanent Alimony – Award of

Section 25 of the Hindu Marriage Act, 1955 confers power upon the court to grant a permanent alimony to either spouse who claims the same by making an application. Sub-section (2) of Section 258 of the Hindu Marriage Act confers ample power on the court to vary, modify or discharge any order for permanent alimony or permanent maintenance that may have been made in any proceeding under the Act under the provisions contained in sub-section (1) of Section 25. In exercising the power under Section 25(2), the Court would have regard to the “change in circumstances of the parties”. There must be some change in the circumstances of either party which may have to be taken into account when an application is made under sub-section (2) of Section 25 for variation, modification or rescission of the order as the Court may deem just.
In Dr. Kulbhushan Kumar v. Raj Kumari, (1970) 3 SCC 129, it was held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife. The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance. Maintenance is always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors. Kalyan Dey Chowdhury v. Rita Dey Chowdhury, 2017 (123) ALR 287.

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Filed under Matrimonial Dispute, Permanent Alimony

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