Supreme Court of India Strikes Down Maintenance Provision in Hindu Marriages

In April 2025, the Supreme Court of India heard a petition filed by Vivek Tiwari challenging Section 25 of the Hindu Marriage Act, 1955, which authorizes courts to order permanent alimony and maintenance. The petitioner argued that the provision inherently discriminates against men by imposing a unilateral obligation to provide lifelong financial support without equivalent remedies for husbands. A three-judge bench struck down the provision as violative of Article 14 of the Constitution, granting Parliament six months to enact gender-neutral legislation. The ruling effectively invalidated the statutory basis for permanent maintenance in Hindu marriages, sparking a nationwide debate on marital rights and gender justice.

The Supreme Court declared Section 25 of the Hindu Marriage Act unconstitutional and struck it down by a 2:1 majority. The judgment was suspended for six months to allow Parliament to frame a gender-neutral maintenance law.

Whether Section 25 of the Hindu Marriage Act, which allows for permanent alimony only to the wife, violates the fundamental right to equality under Article 14 of the Indian Constitution by discriminating on the basis of sex.

The verdict was hailed by men's rights groups as a landmark step toward gender equality, while women's rights organizations condemned it as a setback for the financial security of divorced women. It reignited discussions on the reform of personal laws and the need for a Uniform Civil Code.