In a recent judgement, Bharati Dangre, J., of Bombay High Court held that provision of maintenance/permanent alimony being a beneficial provision for the indigent spouse, section 25 can be invoked by either of the spouse, where a decree of any kind governed by Sections 9 to 13 has been passed and marriage tie is broken, disrupted or adversely affected by such decree of the court.

In this case, the respondent-husband had filed Hindu Marriage Petition claiming for grant of permanent alimony from the petitioner-wife at the rate of Rs 15,000 per month. The said application was filed under Section 25 of the 1955 Act, wherein it was pleaded that since the respondent-husband had no source of income and the petitioner-wife had acquired the educational qualification of M.A., B.Ed and was serving as a Professor at Shri Datta Mahavidyalaya, Talni, Taluka Hadgaon.

It was stated that, in order to encourage the wife to obtain the degree, the husband managed the house, keeping aside his own ambition.

Respondent-husband pleaded that he suffered humiliation and harassment in the marital relationship as the petitioner-wife, with a malafide and dishonest intention, filed petition that the respondent was neither doing any job, nor does he possess any moveable or immovable property or had any independent income.

Respondent-husband claimed maintenance of Rs 15,000 per month from the wife.

High Court expressed that a conjoint reading of Sections 24 and 25 of the Hindu Marriage Act, 1955 would reveal that both the sections in the Act of 1955 are enabling provisions and confer a right on the indigent spouse to claim maintenance either pendente lite or in the nature of permanent alimony and maintenance.

It remarked, “Scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a decree of divorce being passed between the husband and wife.”

“Since Section 25 has to be looked upon as a provision for destitute wife/husband the provisions will have to be construed widely so as to salvage the remedial intailments.”

“…the application for interim maintenance filed under Section 24 of the Act of 1955, has been rightly entertained by the learned Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending.”