Written by Adv. Aman Chawla | Matrimonial Law Specialist | Delhi High Court & Supreme Court of India Practice in Family & Matrimonial Law | July 2026

It is the question I hear most often from husbands who have already been paying interim maintenance for two or three years while their divorce case winds through the family court. They want to know: after the decree is passed, does the obligation continue? Is this monthly outflow permanent? And is there any way to settle everything once and for all — one payment, full stop, no more litigation?

The honest answer is: it depends on what kind of order the court passes, what you ask for, and how well the case is managed at the decree stage.

This article covers everything you need to know about permanent alimony under Section 25 of the Hindu Marriage Act, 1955 — how it is different from interim maintenance, how courts decide between a lump sum and monthly payments, what three 2025 Supreme Court rulings changed about this area of law, and crucially, when and how it ends.

1. Two Completely Different Things: Section 24 and Section 25 HMA

Before getting into permanent alimony, you need to understand the distinction that most people — and some lawyers — blur.

Section 24 HMA — Interim Maintenance (Pendente Lite)

Section 24 applies during the pendency of matrimonial proceedings. It gives courts the power to order one spouse to pay the other monthly support and litigation costs while the case is still running. Section 24 maintenance is temporary by definition — it lasts for as long as the case is pending and ends when the case concludes, one way or another.

My detailed guides on how much a wife can claim, how courts calculate the amount, what happens if you don’t pay, and whether job loss can reduce the amount all primarily address Section 24-type interim maintenance orders. If that is your immediate question, those are the articles to read.

Section 25 HMA — Permanent Alimony and Maintenance

Section 25 is different. It applies after the matrimonial decree is passed. The full text of the provision is important:

“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, order that the respondent shall pay to the applicant such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as the court may deem just.”

Three things from this text to note immediately:

First: It applies to a gross sum (lump sum, one-time payment) OR a monthly/periodical sum. Both are explicitly available. The court chooses between them — or orders both — based on the facts.

Second: It is not automatic. There must be an application by either the wife or the husband. Courts cannot grant Section 25 alimony on their own without someone asking for it. This is a procedural trap that catches people constantly — more on this below.

Third: It is available to either spouse. Section 25 is gender- neutral. A husband who cannot maintain himself can apply for permanent alimony from a financially superior wife, and courts have upheld this in specific cases — though it remains uncommon in practice.

2. Lump Sum or Monthly: How Courts Decide in 2026

The choice between a lump-sum payment (gross sum) and monthly periodic payments is one of the most practically significant decisions in any contested divorce case. Both spouses want clarity on this. Here is how courts approach it.

Arguments for lump-sum (one-time payment):

Courts increasingly favour lump-sum settlements in 2025–2026. The Supreme Court in SAU. JIYA v. KULDEEP (2025 INSC 135) specifically confirmed that a one-time lump-sum payment is a clean, final remedy that terminates all future maintenance claims between the parties. The Supreme Court in Parveen Kumar Jain v. Anju Jain (2025) imposed a multi-crore one-time settlement, specifically because a clean financial break better served both parties’ long-term interests.

The practical advantages of lump sum are real and courts acknowledge them: it eliminates future default risk; it removes the possibility of the paying spouse returning to court every time he changes jobs or the recipient’s circumstances change; it ends the financial relationship between the parties once and for all; and it removes the maintenance issue as a source of ongoing conflict or leverage.

Where lump sum works: cases with a significant, liquid asset base on the paying spouse’s side; cases where the recipient spouse needs a capital sum to establish independent housing or a business; long marriages where the ongoing dependency is expected to be substantial; and cases where both parties want a complete clean break.

Arguments for monthly payments:

Monthly periodic maintenance is the more protective option for a dependent spouse — particularly one who has never managed finances independently, who has young children in her care, or whose needs are ongoing and unpredictable rather than amenable to a single capital calculation. It also provides protection against inflation in a way that a fixed lump sum does not — though the Supreme Court has now addressed this concern directly (see below).

Where monthly works: cases where the paying spouse’s wealth is primarily in illiquid assets (property, business interests) rather than cash; cases where the dependent spouse lacks the experience or support to manage a large capital sum; and cases where a court considers it appropriate for the dependency to be visible and ongoing rather than quietly absorbed into a settlement.

The 5% biennial inflation adjustment — the 2025 rule that changes everything:

In Rakhi Sadhukhan v. Raja Sadhukhan (2025), the Supreme Court introduced something unprecedented in Indian family law: a mandatory 5% increase in permanent alimony every two years to account for inflation. This is the first time the Court has mandated an automatic inflation escalation on Section 25 awards.

Before this ruling, a wife who received ₹30,000/month in 2018 was still receiving ₹30,000/month in 2025 — in real terms, significantly less. The Rakhi Sadhukhan rule means that permanent alimony ordered in 2026 must now include this biennial escalation mechanism. Courts ordering monthly maintenance under Section 25 should build this escalation into the order itself.

3. Section 25 Survives Even a Void Marriage — The 2025 SC Ruling

This is a development that many people — and many lawyers — are not aware of yet.

In Sukhdev Singh v. Sukhbir Kaur (MANU/SC/0193/2025), the Supreme Court held that Section 25 HMA can be invoked even after a decree of nullity — meaning a marriage declared void under Section 11 of the HMA. The Court’s reasoning was based on the text of Section 25 itself: “at the time of passing any decree.” The word “any” means any decree under the HMA — including a decree of nullity.

The practical consequence: if your marriage is declared void (because it was bigamous, prohibited by degrees of consanguinity, or void for any other reason under Section 11), the court can still award permanent alimony to the dependent party under Section 25. The invalidity of the marriage does not extinguish the maintenance right.

For contested divorce cases where nullity is being pleaded, this ruling means the responding party (typically the wife) should simultaneously file a Section 25 application — because even if the marriage is declared void, the financial protection survives.

4. The Procedural Trap Nobody Warns You About

The Madhya Pradesh High Court in April 2025 said something that every client navigating a divorce decree needs to hear:

A court cannot grant permanent alimony under Section 25 HMA without a formal written application from either party.

In the case before the MP HC, the wife had not appeared at trial and had been proceeded ex-parte. The trial court, on its own motion, had directed the husband to pay ₹12,000/month as permanent alimony — without the wife having filed any Section 25 application. The MP High Court quashed this order. Section 25 requires an explicit application; courts cannot suo motu award it.

Why this matters for wives: If you are the dependent spouse and you want permanent alimony after the divorce decree, you must file a Section 25 application — either within the divorce proceedings before the decree is passed, or by a separate application at any time after the decree. Assuming the court will automatically address this is wrong. Many women lose their right to permanent alimony not because of legal merits but because no one told them to file the application.

Why this matters for husbands: The absence of a Section 25 application does not protect a husband from future liability. The wife can file a Section 25 application at any time after the decree, including years later, if she can show a change in circumstances or that she had not previously applied. The divorce decree ending the marriage is not the same thing as a waiver of Section 25 rights.

5. When Does Permanent Alimony Stop?

Section 25(3) provides for termination of the permanent alimony order in specific circumstances:

The recipient spouse remarries: This is automatic. If the ex-wife (or ex-husband receiving alimony) remarries, the obligation to pay permanent alimony ends. The paying spouse should bring this to the court’s attention with proof — the court will then pass a formal order terminating the alimony.

The recipient is living in adultery: A permanent alimony order can be revoked if the recipient is “living in adultery” within the meaning of the provision — meaning an ongoing intimate relationship, not a historical past incident. The paying spouse must make an application before the family court with evidence.

Application for modification due to changed circumstances: Section 25(2) allows either party to apply for variation, modification, or rescission of the alimony order if circumstances have changed. These changes can work in both directions:

The wife’s circumstances improve substantially — she finds well-paid employment, inherits property, or remarries. The husband’s financial position deteriorates genuinely — job loss, illness, or business failure. The husband’s financial position improves substantially — the wife can apply to increase the monthly amount (and the Rakhi Sadhukhan 5% rule now provides a baseline escalation above which she can additionally argue for a full revision).

On lump-sum payments: Where a lump-sum has been paid and accepted, the maintenance relationship is typically concluded — that is precisely the point of the clean-break mechanism confirmed in SAU. JIYA v. KULDEEP. A wife who has accepted a comprehensive lump-sum settlement under Section 25 cannot ordinarily come back for additional maintenance later, absent fraud or gross misrepresentation about the husband’s financial position. This is the “Clean Break” principle that the Supreme Court confirmed in Dhananjay Rathi v. Ruchika Rathi (2026 SCC OnLine SC 587) in a different context but that courts are applying consistently across settled maintenance claims.

6. How to Structure Your Case at the Decree Stage

Whether you are the party likely to pay or the party likely to receive, the decree stage is the moment that determines everything about permanent alimony. This is what I focus on in every case that approaches a final decision.

For the dependent spouse: File a Section 25 application formally — either as part of the divorce petition itself or as a separate application before the decree. State specifically what you are asking for (gross sum or monthly), provide the financial disclosures required under Rajnesh v. Neha (2020), and document your needs, your inability to maintain yourself independently, and the standard of living you enjoyed during the marriage. Request the Rakhi Sadhukhan 5% biennial escalation clause explicitly in the order.

For the paying spouse: Assess honestly whether a clean lump-sum settlement is better than years of monthly payments and potential future modification applications. Many husbands who resist a reasonable lump-sum offer end up paying more in aggregate through years of contested monthly maintenance, modification applications, execution proceedings, and appeal costs. A well-structured one-time settlement under Section 25, incorporated into the decree, is often the most cost-efficient outcome available.

In mutual consent divorce: The settlement deed must specifically address Section 25 — either confirming a specific gross sum payment or monthly arrangement, or recording that both parties waive any future Section 25 claims. A mutual divorce deed that is silent on Section 25 does not necessarily prevent a future Section 25 application — particularly if the wife can argue she was not adequately informed of her right to make such a claim. Always address this specifically in writing.

The financial disclosures required alongside any Section 25 claim are the same as those under Rajnesh v. Neha — a comprehensive affidavit of assets, liabilities, income, and expenses from both parties. Courts will not accept an arbitrary number in either direction. The Delhi HC in Naveen Kumar v. Kavita (July 1, 2025) specifically directed family courts to reject arbitrary income assumptions and require proper documentary substantiation.

Consult Adv. Aman Chawla, Matrimonial Law Specialist, practising before the Supreme Court of India, Delhi High Court, and all Delhi district courts. Available for urgent matters, outstation clients, and online consultations across India.

Call / WhatsApp: +91-8076836899 | Email: advocateamanchawla@gmail.com Office: O-11A Basement, Jangpura Extension, New Delhi – 110014

7. Frequently Asked Questions

Q1. What is the difference between Section 24 and Section 25 HMA maintenance?

Section 24 provides for interim maintenance — monthly support paid during the pendency of divorce proceedings to the spouse who has insufficient income for their maintenance and legal expenses. It is temporary and ends when the case concludes. Section 25 provides for permanent alimony — a gross sum (one-time) or monthly payment after the divorce decree is passed. The two are separate in law and in application; a Section 24 order does not automatically continue as Section 25 alimony after the decree.

Q2. Can the court award a one-time lump-sum payment instead of monthly maintenance forever?

Yes. Section 25 explicitly provides for a “gross sum” (lump-sum) as an alternative to periodic payments. The Supreme Court confirmed in SAU. JIYA v. KULDEEP (2025 INSC 135) that a lump-sum payment is a valid, final remedy that concludes the maintenance relationship between the parties. Courts are increasingly favouring lump-sum settlements in 2025–2026 for the clean-break finality they provide.

Q3. Does the new 5% biennial increase ruling apply to my case?

If your permanent alimony order is being passed after the Supreme Court’s ruling in Rakhi Sadhukhan v. Raja Sadhukhan (2025), then yes — courts should now include a 5% biennial escalation clause in monthly Section 25 alimony orders. If you have an older order, you can apply under Section 25(2) for modification to incorporate this escalation, citing changed circumstances (inflation).

Q4. The divorce decree has been passed. Can my ex-wife still apply for permanent alimony?

Yes. Section 25 explicitly allows a party to apply for permanent alimony “at any time subsequent to” the decree — not just at the time the decree is passed. There is no limitation period specified in the section. If your divorce decree is two years old and no Section 25 order was passed, your ex-wife can still file an application. The fact that the decree was passed without any alimony award does not prevent a subsequent Section 25 application.

Q5. Our marriage was declared void (nullity). Does she still have a right to maintenance?

Yes. The Supreme Court held in Sukhdev Singh v. Sukhbir Kaur (MANU/SC/0193/2025) that Section 25 HMA applies even after a decree of nullity under Section 11. The provision’s text — “at the time of passing any decree” — means any decree under the HMA, including nullity. The invalidity of the marriage does not extinguish the dependent party’s right to financial protection under Section 25.

Q6. Will the court grant permanent alimony automatically when the divorce is granted?

No. The Madhya Pradesh High Court held in April 2025 that courts cannot grant Section 25 alimony suo motu — without a formal application from either party. If you want permanent alimony, you must file a specific Section 25 application, either within the divorce proceedings or separately thereafter. Assuming the court will address it automatically is a significant and common procedural mistake.

Q7. We are settling our divorce by mutual consent. Do we need to address Section 25 specifically?

Yes, and this is critical. Your mutual divorce settlement deed should specifically address Section 25 — either recording the agreed permanent alimony amount or gross sum, or recording that both parties specifically waive any future Section 25 claims. A settlement deed that is silent on Section 25 does not necessarily prevent a future Section 25 application, particularly if the wife can later argue she was not informed of or did not consciously waive this right.

Q8. When does permanent alimony stop after it has been ordered?

Under Section 25(3), alimony stops automatically if the recipient spouse remarries. It can also be revoked if the recipient is found to be living in adultery. Beyond these automatic terminations, either party can apply under Section 25(2) for modification, variation, or cancellation of the order on the basis of a change in circumstances — including the paying spouse’s job loss, deteriorating health, or the recipient’s substantially improved financial position.

Q9. My wife is earning a salary. Can she still claim Section 25 permanent alimony?

Possibly. The Supreme Court has consistently held that a wife’s mere employment does not disqualify her from maintenance if there is a significant income disparity between the spouses. The key question is not whether she earns, but whether she earns enough to maintain the standard of living she had during the marriage. If there is a material gap between her income and the marital standard of living, a Section 25 claim remains viable. Income disclosure by both parties is mandatory under Rajnesh v. Neha.

Q10. Is there a maximum or minimum amount for permanent alimony under Section 25?

No fixed formula or cap exists. Courts have discretion to award any amount they consider just, based on the respondent’s income and property, the applicant’s income and needs, the conduct of the parties, and other circumstances. As a practical benchmark, courts in Delhi tend to assess permanent alimony at 20-30% of the paying spouse’s net income for monthly orders, or approximately 1/5th of estimated lifetime income for lump-sum calculations — though these are starting points, not rules. Read our detailed guide on maximum maintenance limits for the full picture.

Written by Adv. Aman Chawla. This article is for informational purposes only and does not constitute legal advice. Every case is fact-specific. Please consult a qualified lawyer before taking any legal action.