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What provisions exist for maintenance and alimony under the HMA?

Posted by jobseeker Garima Rajput | Approved
Answers (1)

The Hindu Marriage Act, 1955 (HMA) governs the legal aspects of marriage among Hindus in India. One of its crucial components is the provision for maintenance and alimony, aimed at providing financial support to a spouse who is unable to maintain themselves after or during a marriage breakdown. These provisions seek to ensure financial justice and security, especially for the economically weaker spouse.

1. Maintenance Pendente Lite (Section 24)
This refers to temporary maintenance granted during the pendency of matrimonial proceedings. Either the husband or the wife (regardless of gender) who lacks sufficient income for support and to meet legal expenses may apply under Section 24.
Key Points:
(a)Granted during the pendency of proceedings.
(b)Covers daily maintenance and legal expenses.
(c)Determined based on both parties’ income and needs.
(d)Discretion of the court to fix amount and duration.
Case Reference:
Manokaran v. M. Devaki (2003) – The court emphasized that Section 24 applies equally to both genders and is to ensure fair trial without economic hardship.

2. Permanent Alimony and Maintenance (Section 25)
This provision deals with permanent maintenance which may be granted at the time of passing any decree (e.g., divorce, judicial separation, annulment) or even after the decree.

Key Points:
(a)Can be granted to either spouse.
(b)May be a lump sum or periodic payments.

Factors considered:
(a) Income and property of both spouses
(b) Conduct of the parties
(c) Age and health
(d) Needs and liabilities
The court has the power to modify or rescind the order later, if circumstances change.

3. Maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956
While not part of the HMA directly, this Act supplements maintenance rights. A Hindu wife can claim maintenance from her husband if:
(a) He has abandoned her
(b) He has treated her with cruelty
(c) He is living with another wife or concubine

4. Overlap with Other Laws
A spouse can also claim maintenance under:
Section 125 CrPC (for speedy remedy irrespective of religion)
Protection of Women from Domestic Violence Act, 2005 (Section 20)

However, double maintenance is not allowed. The court will set off amounts if maintenance is being received under multiple laws.

Conclusion
The Hindu Marriage Act provides a structured mechanism to ensure that a financially dependent spouse is not left destitute during or after the dissolution of marriage. Sections 24 and 25 are gender-neutral and discretionary, allowing the court to evaluate the unique circumstances of each case. These provisions uphold the principles of equity and social justice within matrimonial law.

Answered by jobseeker Rohit Kumar Singh | Approved

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