swatikulkarni 03 June 2016

Section 25 in hma: "other property"

Section 25 in HMA states as below:

Any court exercising jurisdiction under this Act may, at the time of passing- any decree or at any time subsequent thereto, on application made to it for purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such cross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

Question: In case of HMA Section 25: Husband got agriculture land (no income from that land). This land was purchased by husband only for investment purpose after marriage. I want to know whether wife can demand share in this land or ask to consider valuation of this land while taking decision on permanent maintenance. Can Agriculture land on husban's name be counted while taking decision on amount of maintenance to wife?

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adv.bharat @ PUNE (Lawyer) 03 June 2016

While deciding maintaninace amount husband income is considered.

Land value is immetarial but if he get cash cropin that land then it can be considered as if he had that much income per annum.

swatikulkarni 03 June 2016

Thank you Adv Bharat Sir,

I am still confused what is exact meaning of Section 25 in HMA for statement respondent's own income and other property. It does say property other than income of husband.

Vijay Raj Mahajan (Advocate) 03 June 2016

The court while deciding the Permanent Alimony and Maintenance under section 25 of HMA, the income that could be made out of the Agricultural land even if it was purchased for investment basis will be taken in to consideration. If the rate at which the said land purchased and the present market value it has, will the tell the income by way of appreciation in its value that was made out, this amount will be taken to consideration by the court while deciding the issue of permanent alimony and maintenance for the wife.

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Siddharth Dev (Advocate) 03 June 2016

the right to maintenance of a wife was absolute and no exceptions could be made, ruling that Section 125 of the Code of Criminal Procedure, which embodies this rule, would apply to divorced Muslim women as well.

"If the husband is healthy, able-bodied and is in a position to support himself, he is under the legal obligation to support his wife, for the wife's right to receive maintenance under Section 125 CrPC, unless disqualified, is an absolute right," a bench comprising Justices Dipak Misra and PC Pant said.

SC clarified maintenance under the section cannot be restricted in any way for divorced Muslim women who would be entitled to the allowance as long as they do not remarry.

Thank you