Application of section 25 of hma in divorce petition under section 13(1)(ia) of hindu marriage act

1. Any court that has jurisdiction under this act shall on an application made by either by the wife or the husband for grant of maintenance,  order the non applicant to pay for the maintenance and support of the applicant, either a yearly or monthly sum for a term not exceeding the life of the applicant. 

2. Yes.

In a divorce petition, under Section 13(1)(ia) of the Hindu Marriage Act, the wife can indeed request permanent maintenance under Section 25. It's common to combine these requests in the same divorce case to streamline legal proceedings and address all relevant issues simultaneously.

It's not uncommon to file a divorce petition solely seeking dissolution of marriage without explicitly including requests for alimony or final maintenance. However, addressing financial matters concurrently generally helps ensure comprehensive resolution within the divorce proceedings. The case of "Savitri Pandey vs. Prem Chandra Pandey" highlight the court's discretion to grant maintenance in divorce cases, considering factors like income, assets, standard of living, and other circumstances of the parties involved.

If the divorce petition solely seeks divorce without financial considerations, a separate application for permanent maintenance can be filed during the trial of the divorce case. It's crucial to note that financial considerations can be addressed at different stages of the divorce proceedings, but once the divorce is granted by the court, filing a separate application becomes complex. If financial matters weren't addressed earlier, the possibility of pursuing a claim for maintenance post-divorce is limited.

Yes, a separate application for maitenance could be filed. So also, grant of maintainance under any other is no constraint in seeking maintainance under the HMA, together with the divorce petition or separately.

@Ms. Sanskriti Tiwari -

The case of "Savitri Pandey vs. Prem Chandra Pandey" does not highlight the court's discretion to grant maintenance in divorce cases, considering factors like income, assets, standard of living, and other circumstances of the parties involved. The Judgment of the Supreme Court is attached for your perusal.

Please note that AI generated information could be incorrect in many respects, esp. as to Judgments given in citation.

Sir it's not AI generated. Along with these replies, I always send a screenshot depicting 'human text' along with a plagiarism report to my mentors, otherwise my answers are not acceptable. My answers are long because as per the instructions, I had to reply in 200-300 words and I write answers like arguments because I have interest in mooting and drafting memorials and this is my first experience in advising, which started a few days ago.

Actually, I have read this case in 4th Trimester (2nd year), in family law, while we were taught HMA. The case deals with section 27, which I mistook with section 25. Thanks for correcting me sir. This is my learning phase, I'm still a student and not an expert like you, I'll be careful from next time, please pardon me sir.

I am at a loss of words to appreciate your willingness to learn from mistakes. In law, there are no experts, everyone is a lifelong student. And mistakes, once accepted, provides the best lessons.

Thank you sir😊

Thanks dear experts for throwing light on the subject while clarifying and confirming the reasons for the opinions in this regard