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Section 25: Amount of maintenance may be altered on change of circumstances

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 24 All 30 Sections of Hindu Adoptions & Maintenance Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 empowers the court to alter, vary, increase, or decrease the amount of maintenance fixed by a court decree or agreement if there is a material change in the circumstances of either party.

  • Material Change in Circumstances Standard: The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances of either party.
  • Inflation & Economic Status: Increase in cost of living, medical emergencies, or substantial increase in the husband's income justify an enhancement.
  • Depletion of Income / Illness: Loss of employment, retirement, severe physical disability, or bankruptcy of the paying spouse justifies reduction.
Key Landmark Precedents:
  • Rajnesh v. Neha (2020) 10 SCC 734: The Supreme Court held that applications for modification of maintenance under Section 25 HAMA must be supported by fresh comprehensive affidavits of assets and liabilities to reflect true contemporary financial realities.
  • Sanatan Banerjee v. Saswati Banerjee (2015) 1 CHN 124: Held that a significant increase in the paying husband's salary over time constitutes a material change of circumstance warranting a proportionate upward revision of maintenance under Section 25.
Courtroom Practice & Strategic Litigation Guidance:

When moving an application under Section 25 for enhancement, produce the respondent's latest ITRs, Form 16, promotion orders, or lifestyle evidence on social media. For downward revision, substantiate involuntary loss of income or catastrophic medical expenses with verified documentary evidence.

Section 24 All 30 Sections of Hindu Adoptions & Maintenance Section 26