Hindu Marriage Act, 1955, Section 25

Hindu Marriage Act, 1955—Section 25—Permanent alimony and maintenance—While considering the claim for permanent alimony and maintenance of either spouse, the respondent’s own income and other property, and the income and other property of the applicant are all relevant material in addition to the conduct of the parties and other circumstances of the case—It is further seen that the court considering such claim has to consider all the above relevant materials and determine the amount which is to be just for living standard— No fixed formula can be laid for fixing the amount of maintenance— It has to be in the nature of things which depend on various facts and circumstances of each case—The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute—The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband—At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party.