HMA 25 — Permanent alimony and maintenance

Hindu Marriage Act, 1955

Statutory text

(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 that the respondent shall

* * * pay to

4.  Ins by s. 17, ibid.  (w.e.f. 27-5-1976).

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.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has  re-married or,  if  such  party  is  the  wife,  that  she  has  not  remained  chaste,  or,  if  such  party  is  the
husband, that he has had sexual intercourse with any woman outside wedlock,

[it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

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