Modify Permanent Alimony under Divorce Act: Kerala HC Empowers Parties to Seek Review

In a significant ruling, the Kerala High Court held that a Family Court can modify permanent alimony under Divorce Act if there are changed circumstances—even if one party initially waived maintenance. This decision strengthens equitable relief in Gurgaon, Delhi NCR, and across India.

Why Parties can now Modify Permanent Alimony Under Divorce Act

The Court noted that while Section 37 of the Act provides statutory alimony power, it didn’t expressly allow modification. By referencing Section 127 CrPC, Section 25 HMA, and Section 37(2) SMA, it held that powers to modify permanent alimony under Divorce Act are implicit—especially when the other spouse’s financial condition or needs have changed .

Case Details: Changed Circumstances and Modification

In the case Sheela George v. V.M. Alexander, the wife and son, after mutual divorce, sought maintenance despite earlier settlement. The Family Court denied it based on their waiver. The High Court reversed this, observing that:

• One‑time waivers can’t override statutory rights

• Changed circumstances (e.g., inability to self‑support) justify modifying permanent alimony under Divorce Act

Practical Implications for Families

• Agreements can't bar statutory rights: You cannot contract out of rightful maintenance.

• Courts can revisit alimony orders when needs evolve.

• Family Courts now have clear authority to adjudicate based on current realities, easing family justice in India.

HOW PRIME 8 LEGAL SUPPORTS YOU

If you need to modify permanent alimony under Divorce Act, our team in Gurgaon, Delhi NCR, and across India can help with:

• Filing petitions under Section 37 Divorce Act

• Presenting changed circumstances evidence

• Handling appeals efficiently

Frequently Asked Questions

Q1: Can a settlement bar alimony modification?

No. The Kerala HC clarified that modify permanent alimony under Divorce Act remains possible despite prior waiver if circumstances change.

Q2: Who can apply to modify alimony?

Either spouse or child can apply to modify permanent alimony under Divorce Act based on changed needs or means.

Q3: Which laws support modification?

Courts rely on CrPC Sec 127, HMA Sec 25, SMA Sec 37(2), and the Divorce Act Sec 37 to modify alimony orders.

Q4: How can Prime 8 Legal help?

We prepare petitions, gather proofs, and represent clients to successfully modify permanent alimony under Divorce Act.