Claims for permanent alimony under the Hindu Marriage Act can be pursued separately from review proceedings.

27.06.2025. The appeal arose from an original petition seeking a declaration that the appellant-petitioner is the legally wedded wife of late Madhuprasannan, for recovery of money and other consequential reliefs. By way of this review petition the petitioner seeks for an order for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955 .

Section 25 (1) of the Hindu Marriage Act reads as follows:

“25. Permanent alimony and maintenance.- (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order

RP No.1210 of 2025

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, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

The claim under Section 25 could be raised at the time of passing of the order or later, on an application in that regard. The claim and entitlement under was not in issue before this Court. We do not entertain such a claim in the review petition.

Without expressing anything on the merits of the claim including the entitlement, the petitioner is granted liberty to raise the claim under Section 25 in a fresh proceeding before the Family Court.

The review petition is disposed of as above.

Sd/-

Sathish Ninan, Judge Sd/-