Under Section 25 of the Hindu Marriage Act, 1955, the relief of permanent alimony is –
Under Section 25 of the Hindu Marriage Act, 1955, the court may grant permanent alimony when passing a substantive matrimonial decree or afterwards. Chand Dhawan v.…
Choose your answer
Under Section 25 of the Hindu Marriage Act, 1955, the relief of permanent alimony is –
Answer and explanation
Correct answer A
Under Section 25 of the Hindu Marriage Act, 1955, the court may grant permanent alimony when passing a substantive matrimonial decree or afterwards. Chand Dhawan v. Jawaharlal Dhawan distinguishes a decree granting matrimonial relief from dismissal of the main petition. A spouse may apply even where the decree declares the marriage void under Section 11, as confirmed in Sukhdev Singh v. Sukhbir Kaur. The grant remains discretionary.
Option feedback
Option A
Correct. Under Section 25 of the Hindu Marriage Act, 1955, as held by the Supreme Court in Smt. Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406, the relief of permanent alimony is ancillary and incidental to the grant of the substantial relief (a positive decree of restitution of conjugal rights, judicial separation, nullity, or divorce under Sections 9 to 13).
Option B
Incorrect. Unlike maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, permanent alimony under Section 25 of the Hindu Marriage Act is not an independent standalone right divorced from a substantive matrimonial decree.
Option C
Incorrect. In Smt. Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406, the Supreme Court held that 'passing any decree' in Section 25 means granting a substantive matrimonial decree, so permanent alimony under Section 25 cannot be granted when the main petition for substantive relief is dismissed.
Option D
Incorrect. Interim maintenance pendente lite is governed by Section 24 of the Hindu Marriage Act, 1955, whereas Section 25 governs permanent alimony granted at the time of passing the decree or at any time subsequent thereto.
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