In a significant ruling, the Supreme Court of India has held that even if a marriage is declared void under the Hindu Marriage Act, 1955, the affected spouse can still claim permanent alimony (maintenance) and interim maintenance from the other spouse.
The Court observed:
"A spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act, 1955, is entitled to seek permanent alimony or maintenance under Section 25 of the Act. However, the grant of such relief is entirely discretionary and depends on the facts of each case and the conduct of the parties."
Regarding interim maintenance under Section 24, the Court further stated:
"Even if a court reaches a prima facie conclusion that a marriage is void or voidable, pending the final disposal of proceedings under the 1955 Act, the court is not precluded from granting interim maintenance, provided the conditions under Section 24 are met."
Read Also:- Supreme Court Condemns Misogynistic Language in Judgments: Women's Dignity Must Be Upheld
Background of the Judgment
This landmark decision was delivered by a three-judge bench comprising Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih. The ruling was in response to a reference made by a two-judge bench led by Justice Vikram Nath, as there were conflicting Supreme Court rulings on whether alimony or maintenance could be granted even after a marriage had been declared void.
Section 25 of the Hindu Marriage Act states:
"At the time of passing any decree or at any time thereafter, the court may, at its discretion, order permanent alimony or maintenance to the affected spouse."
The husband (appellant) argued that the term "any decree" should not include decrees declaring a marriage void, as a void marriage is legally non-existent, and thus, no spouse can claim maintenance.
Rejecting the appellant’s argument, the Supreme Court stated:
"While enacting Section 25(1), the legislature has made no distinction between a decree of divorce and a decree declaring marriage as a nullity. Therefore, on a plain reading of Section 25(1), it will not be possible to exclude a decree of nullity under Section 11 from its purview."
The Court also clarified that even during the pendency of proceedings under the Hindu Marriage Act, if a party lacks sufficient income, interim maintenance can be awarded under Section 24.
"The grant of interim maintenance is also discretionary, and the court will always consider the conduct of the party seeking such relief."
Read Also:- Workplace Reprimand for Official Duties Not a Criminal Offense Under IPC Section 504: Supreme Court
This ruling settles the conflicting judicial opinions in several past cases. Some rulings had supported the grant of alimony in void marriages, while others had opposed it.
Cases Supporting Alimony in Void Marriages:
Chand Dhawan v. Jawaharlal Dhawan (1993) 3 SCC 406
Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33
Cases Opposing Alimony in Void Marriages:
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530
Abbayolla Reddy v. Padmamma AIR 1999 AP 19
Navdeep Kaur v. Dilraj Singh (2003) 1 HLR 100
Bhausaheb v. Leelabai (2004) AIR Bom. 283(FB)
Savitaben Somabhai Bhatiya v. State of Gujarat (2005) 3 SCC 636
The Court, while delivering the final ruling, remarked:
"A woman cannot be deprived of her right to maintenance merely because her marriage was later declared void. During the subsistence of the marriage, she was entitled to the rights arising from it, and those rights should not be taken away unfairly."
