Section 25 of hindu marriage act. Section 25 Hindu Marriage Act, 1955 2022-10-24
Section 25 of hindu marriage act
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.
Judgement: Section 25
Concept of maintenance in India Sometimes, a marriage can go sideways. I am not saying this will happen, but it might. Section 18 1 of the Hindu Adoptions and Maintenance Act, 1956 entitles a Hindu wife to claim maintenance from her husband during her life-time. The appellant then approached the Supreme Court and contended that he was not in the position to pay for maintenance. Provisions in the Act in Section 24 and 25 of the Hindu Marriage Act 1955 are. The SC while delivering the judgment, laid down certain guidelines to regulate maintenance payments in matrimonial cases.
Alimony under section 25 of Hindu Marriage Act 1955 can be
If you are having any query, contact the team of lawyers. Permanent maintenance Permanent alimony and maintenance are given under Section 25 of the Act, as mentioned above. Venkatachari, that the preamble to the Hindu Marriage Act says that the Act is enacted only for the betterment of the wife and on the other hand, it is seen that the preamble relating to the Hindu Marriage Act lays down rules, viz. The question that would haunts a person in such a situation would be- Is my sexual urge more important or financial survival? Prior to the year 1955 or 1956 maintenance could be claimed by a Hindu wife through court intervention and with the aid of the case law developed. In case, if it is proved, the person will be punishable under the Indian law as per provisions under Section 17 of Hindu Marriage Act, 1955. So why is maintenance given? Hence, this clause needs stricter provisions, to ensure that the order is not getting modified for vested reasons. Section 25 3 If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
Section 25 of Hindu Marriage Act, 1955
Dasarath Majumdar, AIR 1963 Cal. A Division Bench of this Court in Jawahar Lal v. There is adequate information about Hindu under Section 2 of the Hindu Marriage Act. Its preamble too suggests that it is an Act to amend and codify the law relating to adoptions and maintenance among Hindus. These include clauses 2 and 3 of Section 25 of the Hindu Marriage Act 1955. 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. Types of maintenance Now, the Hindu Marriage Act, mentions two types of maintenance, which are as follows: Interim maintenance maintenance pendente lite.
24 HM Act Proceeding Expenses Section 25 Permanent alimony and maintenance
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. The power to grant alimony contained in Section 25 has to be exercised when the court is called upon to settle the mutual rights of the parties after the marital ties have snapped by determination or variation by the passing of the decree of a type mentioned in Sections 19, 11 and 13 of the Act, read with Sections 23, 26 and 27 of the Act, a decree can be assumed to have been passed when an application for divorce or similar other relief is granted but merely not when the application is dismissed. 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. And that such judgment, order or decree is conclusive proof as to the conferral, accrual,or taking away of such. To establish a contact with our lawyers, you can shoot an email to us at: ×.
Section 25 Hindu Marriage Act, 1955
Section 26 of Hindu Marriage Act, 1955: Section 26 of Hindu Marriage Act, 1955 describes the provisions for custody, maintenance, and education of minor children during and after legal proceedings of divorce. And in order to avoid conflict of perceptions the legislature while codifying the Hindu 'Marriage Act preserved the right of permanent maintenance in favour of the husband or the wife, as the case may be, dependent on the court passing a decree of the kind as envisaged under sections 9 to 14 of the Act. The bond between those two considered as Hindu marriage. Section 24, What is permanent alimony and Maintenance? People are also evolving and trying to come out of the 50s 60s mindset. However, many times it may so happen that the order might be asked to modify or cancel, due to vested interests. In cases, where the dismissal of the petition is made there is no alteration or the variation of the rights of the matrimonial parties and the question of granting alimony does not arise.
Hindu Marriage Act, 1955
Daso, AIR 1980 Raj. But, personal grudges or lack of satisfaction in a relationship, can make the lives of the two people involved and also their family members difficult. It has to be maintenance simpliciter as per Section 18 of the Hindu Adoptions and Maintenance Act. 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. 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 this regard, reliance was placed on a judgment of the Delhi High Court in Sushma v. On or at the time of the happening of that event, the court being siezen of the matter, invokes its ancillary or incidental power to grant permanent alimony.
HMA Section 25
As is evident, both the statutes are codified as such and are clear on their subjects and by liberality of interpretation inter-changeability cannot be permitted so as to destroy the distinction on the subject of maintenance. 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. 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. Further, the learned counsel for the respondent also relied on a decision reported in Nalini v. The Indians have faith in solemnizing marriage through rituals and customs. 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 granting alimony in such cases.
Section 25 of Hindu Marriage Act
But in this process, so much time will be lost and the party who is providing for maintenance shall lose a lot of finance in spending the cost of court proceedings. The said view is proper and reasonable and the construction is also a plausible one, as in cases where no relief is granted, the remedies are provided by recourse to the civil or criminal Court under Section 18 of the Hindu Adoption and Maintenance Act or Section 125, Crl. After reading the above provisions, you must be wondering whether a divorced wife is the only one who can claim maintenance? Padmanabban, that under Section 25 of the Hindu Marriage Act, a permanent alimony can be granted only when in the petition filed by either of the spouse under Sections 9, 10, 11, 12 or 13 of the Act, a decree is passed and not in cases where the petition is dismissed. DISCLAIMER: The above judgement is posted for informational purpose ONLY. On the other hand, I do not find any merit in the submissions made by the learned counsel for the respondent-wife, Mr. Such judgments are known as judgments in rem, binding the whole world.