Section 25 of hindu marriage act. Section 25(3) of The Hindu Marriage Act, 1955: from a Constitutional lens 2022-11-02
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Section 25 of the Hindu Marriage Act is a provision that allows for the granting of judicial separation to couples in a Hindu marriage. This means that the court can order the spouses to live separately and cease to have any matrimonial obligations towards each other, without dissolving the marriage.
Judicial separation can be sought by either spouse in a Hindu marriage, on the grounds of cruelty, desertion, conversion to another religion, or any other ground that the court considers sufficient. In order to be granted judicial separation, the spouse seeking it must prove that the other spouse has committed one of these grounds.
One of the main purposes of judicial separation is to provide relief to a spouse who is being subjected to cruelty or harassment by the other spouse. It allows the spouse to live separately and have a respite from the abusive situation, without having to go through the process of getting a divorce.
Judicial separation also serves as a way for couples to take a break from their marriage and consider whether they want to continue with it or not. It allows them to live separately and explore their options, without the pressure of having to decide on a divorce immediately.
However, it is important to note that judicial separation is not the same as divorce. The marriage is still technically in existence, and the spouses are not free to marry someone else. If the spouses decide to reconcile, they can do so by withdrawing the petition for judicial separation. If they do not reconcile, they can later seek a divorce on the grounds of judicial separation.
In conclusion, Section 25 of the Hindu Marriage Act provides a valuable legal remedy for couples in a Hindu marriage who are facing difficulties in their relationship. It allows them to live separately and take a break from their marriage, without having to fully dissolve it. It also serves as a stepping stone towards divorce, if that is ultimately the path that the couple decides to take.
Hindu Marriage Act, 1955
Entitled to claim maintenance as dependant B. Should a woman remain without sexual autonomy without her own will? The marriage is solemnized before the commencement of Act B. It is the contention of the Counsel that if the petition for divorce is dismissed, then no application under Section 25 of the Act is maintainable. There is no question of alimony being granted in such cases, because the matrimonial rights of the parties are to be found in the legal system which operates, requiring one of the parties to support the other and if there is failure to do so, then the other partner can seek maintenance by recourse to the civil or criminal court. For a court admissible copy contact your advocate. Maintenance is given in cases where one party has filed for divorce and the other party has contested it in court.
Permanent alimony and maintenance under Section 25 can only be granted in case divorce is granted and not if the marriage subsists. This paper shall explore the various aspects of Indian Constitutional Law to analyze where this impugned law stands in relation to it. The provision of divorce, restitution and maintenance were made a qualified statutory right for the common Hindu, yet there are some elements of these provisions, that withhold reform rather than facilitate it. In the decision reported in Darshan Singh v. Alimony and maintenance cannot therefore be granted as passing of decree dismissing divorce petition.
Hence, clause 1 of the said Section serves this purpose, and grants maintenance to the needy, be it the husband or the wife. Not only that, the court retains the jurisdiction at subsequent stages to fulfil this incidental or ancillary obligation when moved by an application on that behalf by a party entitled to relief. The appellant also did not dispute the same. You may contact me for consultation or advice by visiting. Under Section 23 of the Act, certain safeguards are provided for passing a decree for divorce or other relief and not for the dismissal of those petitions. In other words without the marital status being affected or disrupted by the matrimonial court under the Hindu Marriage Act the claim of permanent alimony was not to be valid as ancillary or incidental to such affectation or disruption. Counsel contended that the matter is squarely covered by a judgment of Supreme Court in Smt.
This website is only focused to inform viewer regarding legal aspects of different sectors. Provisions in the Act in Section 24 and 25 of the Hindu Marriage Act 1955 are. And that such judgment, order or decree is conclusive proof as to the conferral, accrual,or taking away of such. It is clear from the above two provisions that what is contemplated under Section 37 of the Indian Divorce Act, 1869 is materially different from the language used by the Legislature under Section 25 of the Hindu Marriage Act, 1955, and that the decision rendered in Darsan Singh v. On the basis of the pleadings of the parties, the following issues were framed by the learned Additional District judge : READ ALSO Quantum of Maintenance on Basis of Estimation of Income is Wrong 1 Whether Daljit Kaur is entitled to permanent alimony? Entitled to claim maintenance with the consent of other heirs D. At this stage learned counsel for the respondent prays for time for payment of arrears of maintenance. Section 17 of the Hindu Marriage Act: Hindu Marriage Act, 1955 include Monogamy and firmly prohibits a Hindu from getting married from more than one person at the same time.
In the result, C. Obviously, alimony cannot, therefore, be granted in a case where a decree for divorce is refused because in such a case the marriage will subsist. However there will be no order as to costs. Provisions under Section 5 of Hindu Marriage Act, 1955: According to Section 5 ii and iii of the Hindu Marriage Act, 1955, the Hindu marriage is considered not only as religious but more of an outcome of mutual consent. Section 8 of the Hindu Marriage Act, 1955: Section 8 of the Hindu Marriage Act, 1955 has presented the provision of registering the marriage under this Act. So why is maintenance given? Many say marriage is a pre-destined event.
Kadia Leelavati Gopaldas, AIR 1961 Guj. Dasarath Majumdar, AIR 1963 Cal. In such a case, god forbid a divorce happens, then there arises a question of financial support to either the husband or wife. Furthermore, Sub-section 3 to Section 25 of the Act provides that alimony has to end on the re-marriage of the ex spouse on proof of sexual relations with another partner unchastely. Hindu Marriage Act, 1955 is compulsory to every individual who is Hindu, Jain, Sikh, and Buddhists and is definitely not a Muslim, Christian, Parsi, Jew or any other community which has a different law-set.
Section 25(3) of The Hindu Marriage Act, 1955: from a Constitutional lens
It is clear from Section 37 of the Indian Divorce Act, that only in a case where the Court on passing any decree absolute declaring a marriage to be dissolved, or any decree of judicial separation by the wife and on its confirmation, make an order on the husband for payment to the wife, the monthly or weekly maintenance. Now, this Section, as far as it sounds, is based on an assumption. On the other hand, under the Hindu Marriage Act, in contrast, her claim for maintenance pendente lite is durated on the pendency of a litigation of the kind envisaged under sections 9 to 14 of the Hindu Marriage Act, and her claim to permanent maintenance or alimony is based on the supposition that either her marital status has been strained or affected by passing a decree for restitution of conjugal rights or judicial separation in favour or against her, or her marriage stands dissolved by a decree of nullity or divorce, with or without her consent. However, the learned counsel for the appellant submitted that there is one decision of this Court under Section 37 of the Indian Divorce Act, reported in Devasakayam v. The issue was whether either of the parties can apply for maintenance after passing the order for divorce. A Division Bench of this Court in Jawahar Lal v.
Alimony under section 25 of Hindu Marriage Act 1955 can be
Shehalat Dei, 1976 2 CWN 939, it appears, however, that the former construction is the preferable one. Is Section 25 2 absolutely fair? The last resort in such a case is divorce. The sum of Rs. In this connection, it is worth while to refer to the various decisions relied on by the learned counsel for the appellant. You can click on this link and join: Follow us on. But the judgment of that kind must have done something positive, onwards.
Further, if the order for granting maintenance has already been passed under clause 1, is there a need to revisit it even after knowing the fact that the parties might file for a change in circumstances on a number of occasions? So are they the same? Soon, they separated, and the respondent Bhai Sakar Kanji went away to stay with her father. In the decision reported in Smt. It states that if a situation arises where the wife or the husband does not have sufficient income to support his or her daily and necessary expenses, the court may on an application grant the non-applicant to pay to the applicant the expenses required monthly, during the proceedings, taking into consideration the income of both the parties. The only substantial question of law arises in this appeal is whether the permanent alimony can be granted to a wife under Section 25 of the Hindu Marriage Act, even though the main petition for annulment of marriage under Section 12 of the Act is dismissed. Section 5 of Hindu Marriage Act, 1955: According to Section 5 ii and iii of the Hindu Marriage Act, 1955, the Hindu marriage is considered not only as religious but more of an outcome of mutual consent. Hirabai, AIR 1962 Bom. The appellant then approached the Supreme Court and contended that he was not in the position to pay for maintenance.
Hindu Marriage Act Section 25: Section 25 of Hindu Marriage Act, 1955 defines the complete provision of alimony and permanent maintenance for the marriage under this Act. Even before the divorce, if the wife has separated from her husband, she can claim maintenance. Concept of maintenance in India Sometimes, a marriage can go sideways. The learned counsel for the respondent also filed three petitions C. Case laws In the case of Umarani v D.
