Legal Information by Sewadar Sunny Sachdeva
Legal Information by Sewadar Sunny Sachdeva
February 22, 2025 at 04:51 AM
*Spouses of Void Marriages Can Seek Permanent Alimony Under Hindu Marriage Act,* Supreme Court Rules In a significant ruling, the Supreme Court has held that a spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act, 1955, can still claim permanent alimony or maintenance under Section 25 of the Act. The Court clarified that while such relief is available, its grant remains discretionary and depends on the specific facts of each case and the conduct of the parties. *Sukhdev Singh v. Sukhbir Kaur, (MANU/SC/0193/2025; 2025 INSC 197).* The case was referred to this Bench following conflicting decisions by smaller benches, with two previous rulings allowing permanent alimony in void marriages and five others rejecting such claims. *Interpreting Sections 11 and 25 of the Hindu Marriage Act* The Court examined the interplay between Section 11, which deals with void marriages, and Section 25, which empowers courts to grant permanent alimony or maintenance. It observed that Section 25 does not differentiate between a decree of divorce and a decree declaring a marriage null and void. The ruling emphasized that a plain reading of the provision does not exclude spouses of void marriages from seeking financial relief. Additionally, the Bench distinguished *Section 25 of the Hindu Marriage Act* from Section 125 of the Code of Criminal Procedure, 1973 (CrPC), which provides maintenance to wives, children, and parents. Unlike Section 125 CrPC, which does not extend relief to husbands, Section 25 of the Hindu Marriage Act allows both spouses—husband and wife—to claim maintenance. *Safeguards Against Misuse* The appellant’s counsel raised concerns about the potential misuse of Section 25, arguing that allowing maintenance in void marriages could lead to absurd results— for instance, cases where a person knowingly enters into a bigamous or incestuous marriage and later claims alimony. Addressing these concerns, the Court reiterated that the grant of alimony under Section 25 is not automatic but discretionary. If the spouse seeking maintenance is found to have engaged in misconduct, courts can refuse relief. *Interim Maintenance Under Section 24* The Bench also addressed whether a spouse in a petition seeking a declaration of nullity can claim maintenance pendente lite (temporary financial support during litigation) under *Section 24 of the Hindu Marriage Act.* The Court affirmed that interim maintenance can be granted, provided: 1.There is an ongoing proceeding under the Hindu Marriage Act, and 2.The applicant lacks independent income sufficient for sustenance and litigation expenses. This decision reinforces the principle that even in cases where a marriage is declared void, financial vulnerability should not leave a spouse without recourse. While courts retain discretion, this ruling ensures that maintenance laws serve their protective function without being hindered by rigid interpretations.

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