25Permanent alimony and maintenance
(1) 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 the purpose by either the wife or the husband, as the case may be, order that the respondent shall 1*** pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondents own income and other property, if any, the income and other property of the applicant 2[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.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 3[it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.]
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1. The words while the applicant remains unmarried omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976).
2. Subs. by s. 18, ibid., for certain words. (w.e.f. 27-5-1976).
3. Subs. by s. 18, ibid., for it shall rescind the order (w.e.f. 27-5-1976).
- 19 Court to which petition shall be presented
- 20 Contents and verification of petitions
- 21 Application of Act 5 of 1908
- 21A Power to transfer petitions in certain cases
- 21B Special provision relating to trial and disposal of petitions under the Act
- 21C Documentary evidence
- 22 Proceedings to be in camera and may not be printed or published
- 23 Decree in proceedings
- 23A Relief for respondent in divorce and other proceedings
- 24 Maintenance pendente lite and expenses of proceedings
- 25 Permanent alimony and maintenance
- 26 Custody of children
- 27 Disposal of property
- 28 Appeals from decrees and orders
- 28A Enforcement of decrees and orders