AI Overview...
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Alimony under HMA - Section 25 of the Hindu Marriage Act, 1955 (HMA), empowers courts to grant permanent alimony either at the time of decree or subsequently, based on the spouse's needs and circumstances. It is applicable after divorce is granted, and the wife can seek permanent alimony through a specific application or claim during proceedings UMARSHI KAYABHAI CHANDE vs VANITABEN UMARSHI CHANDE - Gujarat.
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Interim Alimony - Under Section 24 of HMA, courts can award interim maintenance during the pendency of divorce proceedings. This is temporary and aims to support the spouse until final settlement. The amount is determined based on the husband's capacity and the wife's needs KAMAL SINGH vs KANTA BANGARI - Delhi, Rajendra Prasad VS Meena - Allahabad.
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Claiming Alimony - A wife can claim permanent alimony either through a formal application under Section 25 or as part of the pleadings in divorce proceedings. Even if no formal application is filed, courts may grant alimony if the claim is supported by pleadings or evidence, provided the issue is framed as a specific issue Kuldeep Rai VS Rita - Madhya Pradesh.
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Procedure and Disputes - Parties can settle disputes regarding alimony through mutual consent, including joint petitions under Section 13-B, where all issues including maintenance and alimony are settled amicably. Courts generally respect such agreements if they are lawful and voluntary Sunita @ Nisha VS Yogesh Kumar - Punjab and Haryana, N.RAJEES vs KAVITHA RAJEES - Kerala.
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Modification and Enforcement - Orders for permanent alimony can be modified or enforced through subsequent proceedings under Section 25(2) of HMA, especially if circumstances change. Failure to comply with maintenance orders can lead to recovery proceedings Jitendra Banwakde S/o- Late Jitendra Banwakade VS Savita Banwakade W/o- Jitendra Banwakade - Chhattisgarh.
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Legal Limitations and Court Discretion - Courts assess claims based on the specific facts, and formal filing of applications under Section 25 is not always mandatory for alimony to be granted. The court's primary concern is justice and the needs of the spouse, with considerations of whether claims are substantiated UMARSHI KAYABHAI CHANDE vs VANITABEN UMARSHI CHANDE - Gujarat, Kuldeep Rai VS Rita - Madhya Pradesh.
Analysis and Conclusion:
Under the Hindu Marriage Act, 1955, alimony can be awarded as interim maintenance under Section 24 during proceedings and as permanent alimony under Section 25 after divorce. While formal applications facilitate claims, courts can grant alimony based on pleadings and evidence even in their absence. Mutual agreements and settlement deeds are recognized, but courts retain discretion to determine the amount and enforceability of alimony orders. The legal framework emphasizes support for the spouse based on their needs and the husband's capacity, with provisions for modification and recovery if necessary.
Search Results for "Alimony under Hma"
2023 0 Supreme(Del) 7711 • India - Delhi High Court
Fact of the Case: The appellant/husband filed a Divorce Petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA ... During the pendency of the Divorce Petition, the respondent/wife filed an Application under Section 24 of HMA, 1955 seeking interim ... Rs. 30,000/- per month was directed to be paid from January, 2018 till the disposal of the Petition under Section 13(1)(ia) of HMA ... However, once the divorce is granted, the wife can seek permanent alimony only under Section 25 of HMA, ....
2023 Supreme(Online)(GUJ) 271 • India - Gujarat High Court
Section 25 of the HMA empowers the Court to grant permanent alimony at the time of passing any decree or at any time subsequent thereto ... any decree" and held that the counterclaim for permanent alimony was maintainable. ... The husband later withdrew the main suit, but the wife insisted on the determination of permanent alimony. ... The withdrawal was objected by the respondent-wife and insisted upon the Court to determine the permanent alimony as provided under Section 25 of the Act. ... The....
2023 0 Supreme(Del) 4435 • India - Delhi
SANJEEV SACHDEVA, MANOJ JAIN
contentions in the main petition pending before the family court for divorce, and for the consideration of the claim of permanent alimony ... Issues: Disposal of appeals without prejudice to rights and contentions, consideration of claim of permanent alimony, maintenance ... amount under Section 24 of the HMA, 1955, and clearing of arrears. ... (Oral)--After some arguments, the parties pray that the appeals be disposed of without prejudice to their rights and contentions in the main petition pending before the family court for divorce as....
2024 0 Supreme(MP) 201 • India - Madhya Pradesh
S. A. DHARMADHIKARI, DEVNARAYAN MISHRA
alimony. ... (1) Hindu Marriage Act, 1955 -- S. 25 -- permanent alimony -- respondent/wife did not claim or apply for ... permanent alimony by written statement or separate application -- trial Court did not frame any issue in that respect -- held -- ... On this point, whether without filing a formal application u/S 25 of the HMA, husband can be directed to pay the alimony? In this regard, the High Court of Madras in the case of Umarani Vs. D. ... The respondent/wife has not filed any application u/S 25....
2021 0 Supreme(P&H) 947 • India - Punjab and Haryana
ARUN MONGA
Since there were no chances of reconciliation, therefore, the parties filed a joint petition for dissolution of their marriage by way of mutual consent, under Section 13-B of HMA before the Family Court. All the disputes regarding permanent alimony etc. were settled between the parties. ... The Principal Judge, Family Court, Fatehabadshall entertain the joint petition filed by the petitioners under Section 13-B of HMA by waiving off six months period and proceed with the petition by recording the respective statements of parties and dispo....
2023 Supreme(Online)(KER) 8879 • India - High Court of Kerala
P. B. Suresh Kumar, JOHNSON JOHN, JJ
We find force in the argument of the learned counsel for the respondent wife that merely because the wife claimed only Rs.5000/- as alimony, in the written objection in O.P. ... The learned counsel for the appellant argued that the court below ought to have considered the fact that the respondent wife claimed only Rs.5000/- per month as alimony in her counter claim to O.P (HMA) No. 342 of 2003 filed on 03.11.2003 and therefore, the court below is not justified in granting past ... The petitioner is liable to pay alimony ....
2017 0 Supreme(All) 1996 • India - Allahabad
DEVENDRA KUMAR ARORA, RAVINDRA NATH MISHRA II
It may be noted that the benefits granted under this Section are only temporary in nature and there are other provisions of law where a wife, who is not able to maintain herself, can claim maintenance/permanent alimony from the husband e.g. ... Section 25 of HMA or under provisions of Hindu Adoption and Maintenance Act. ... 7. Section 24 talks about interim relief which can be granted during the pendency of proceedings in Hindu Marriage Act.
2022 0 Supreme(MP) 284 • India - Madhya Pradesh
VIVEK RUSIA, AMAR NATH KESHARWANI
-- produced compromise deed to avoid maintenance -- wife denied its contents -- neither decree of divorce passed nor permanent alimony ... compromise not binding on wife -- interim maintenance enhanced from Rs. 1,500/- to Rs. 3,000/- per month -- also entitled to permanent alimony ... The appellant has filed this appeal under section 28 of the Hindu Marriage Act against the judgment and decree dated 16.5.2003 passed by the III Additional District Judge, Mandsaur, in HMA Case No.36/1994, whereby the appellant has not been held entitled for....
2024 0 Supreme(Chh) 664 • India - Chhattisgarh
NARENDRA KUMAR VYAS
Subsequently, in proceedings under the HMA, the wife sought alimony. Since the husband failed to pay maintenance awarded, the wife initiated recovery proceedings. ... The Court held that once an order for permanent alimony was passed, the same could be modified by the same court by exercising its power Under Section 25(2) of HMA. The Court held that: “16. ... The issue whether maintenance Under Section 125 Code of Criminal Procedure could be awarded by the Magistrate, after permanent alimony was granted....
2024 Supreme(Online)(DEL) 26943 • India - High Court of Delhi
their disputes, divorced by mutual consent, and the complainant had received all payments related to maintenance, stridhan, and alimony ... It is submitted that all payments her claims qua maintenance, stridhan, alimony, etc has already been paid to the respondent No.2. 5. Petitioners, who are present in Court, have been identified by their counsel. 6. ... In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 25.03.2019 passed by the Family Court, South East District, Saket Court, Delhi i....
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