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This is regarding section 25 of HMA


03-Apr-2025 (In Divorce Law)
In a divorce case filed by husband u/s 13(1)(ia) of HMA, the wife can file her permanent alimony application u/s 25 of HMA after what/ which stage in a divorce case? Can the wife file this HMA 25 application just after the HMA 24 is decided or during the pendency of HMA 24 application? Please advise
Answers (2)

Answer #1
686 votes
Under Section 25 of the Hindu Marriage Act (HMA), a wife can file for permanent alimony and maintenance at any stage—either during the divorce proceedings or even after the divorce is granted. It is not necessary to wait for the decision on HMA Section 24 (interim maintenance). If the wife has already filed for interim maintenance under Section 24, she can still file a separate Section 25 application for permanent alimony later. The court will consider various factors such as income, financial status, conduct of parties, and duration of marriage before deciding on the alimony amount. If the divorce case is pending, the wife can simultaneously pursue both Section 24 and Section 25 applications or wait until the divorce is finalized before filing for permanent alimony.
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Advocate Vaibhavi Muthinty

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Answer #2
560 votes
Yes, the wife can file an application under Section 25 of the Hindu Marriage Act (HMA) for permanent alimony and maintenance at any stage during the divorce proceedings or even after the decree of divorce is passed. It is not necessary to wait for the HMA 24 (interim maintenance) application to be disposed of before filing under Section 25. Both applications can run simultaneously or consecutively depending on the wife's financial needs and the court's discretion. Section 25 deals with long-term financial security, while Section 24 is for interim relief during the case.
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Advocate Vikrant C Deshpande

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