Permanent Alimony in India | Chennai Divorce Lawyers
HMA · Section 25

Permanent alimony: the settlement that has to work for the next twenty years

Permanent alimony is decided once and lived with for a very long time. Whether it is taken as a lump sum or a monthly payment changes the risk profile for both parties entirely, and that decision deserves more thought than it usually gets.

Quick answer

Under Section 25 of the Hindu Marriage Act, the court may order permanent alimony as a gross sum or as periodical payments, having regard to the income and property of both parties.

It can be ordered at the time of the decree or afterwards, and it can be varied if circumstances change.

Lump sum or monthly: the decision that matters most

A one-time settlement ends the relationship cleanly. There is nothing to enforce later, no annual dispute about arrears, and no exposure to the other party’s changing circumstances. It requires the paying spouse to have or raise the capital.

Periodical payments spread the burden and can be varied if circumstances change: which cuts both ways. They also require ongoing enforcement, and in practice that is where a great deal of post-divorce litigation comes from. Where the paying spouse’s income is uncertain or they may move abroad, a lump sum is usually worth paying a premium for.

How courts arrive at a figure

There is no formula in the statute, and Chennai courts, like others, work through a consistent set of factors.

Income and earning capacity. Of both spouses, including potential earning capacity where a spouse gave up a career.Assets and liabilities. Property, investments and debts on both sides.Standard of living. What the marriage provided, as the benchmark for what should continue.Duration of the marriage. A long marriage generally supports a more substantial award.Conduct. Relevant, though courts are cautious about turning alimony into a punishment.Custody responsibilities. Where one parent has the children, that constrains their earning capacity and is taken into account.
Alimony and child maintenance are separate. A settlement that folds them together creates problems later, because the child’s entitlement continues regardless of what the spouses agreed between themselves.

Variation, remarriage and enforcement

An order for periodical payments can be varied where there is a material change of circumstances: a significant change in income, illness, or the recipient’s remarriage. A lump sum already paid is generally final, which is precisely its attraction.

Where payments are not made, the remedies are the same as for maintenance: execution, attachment of salary, and in persistent cases coercive orders. Recording the settlement properly at the outset (with the mode, dates and account specified) prevents a surprising share of later disputes.

FAQs

Permanent alimony: what clients ask

Is alimony always payable by the husband?+

No. The provision is gender-neutral in its operation, and a wife with substantially greater means can be ordered to pay. In practice most orders run the other way, reflecting income disparities.

Does alimony stop if I remarry?+

Remarriage of the recipient is a recognised ground for varying or cancelling periodical payments. A lump sum already paid is generally not recoverable.

Can alimony be agreed in a mutual consent divorce?+

Yes, and most are. The agreed terms are recorded in the joint petition and the decree. Getting the drafting right matters: an unclear settlement clause is one of the few things that can bring a consent divorce back to court.

More on divorce & family law
Marriage registration→ Hindu Marriage Act divorce→ Christian divorce→ Muslim divorce→ Special Marriage Act divorce→ Bigamy & adultery cases→