Supreme Court Ruling on Alimony in Void Marriages
The Supreme Court ruled today (February 12) that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 (HMA) can be granted even when a marriage is declared void. The decision clarifies conflicting judgments on the issue.
Court’s Interpretation of Section 25 and Section 24
The bench held that a spouse whose marriage is annulled under Section 11 of HMA can still seek alimony under Section 25. However, granting alimony depends on the specific facts and conduct of the parties. The court emphasized that this relief is discretionary.
On interim maintenance under Section 24, the court stated that even if a marriage is deemed void. A spouse can receive maintenance while legal proceedings continue. The grant of interim relief also depends on the conduct of the party seeking it.
Background of the Case
A three-judge bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih delivered the ruling. The case was referred to them by a two-judge bench led by Justice Vikram Nath due to conflicting Supreme Court decisions on the issue.
The core argument in the case centered on the interpretation of the phrase “any decree” under Section 25 of HMA. The Husband/Appellant argued that this term should not cover decrees that declare a marriage void. He contended that since a void marriage has no legal standing, alimony should not be granted.
Court’s Reasoning and Verdict
The Supreme Court rejected the husband’s argument. It ruled that a decree of nullity under Section 11 still qualifies as a “decree” under Section 25, making alimony claims valid. The judgment clarified that Section 25 applies to both divorce and annulment cases.
The court highlighted that Section 11 of HMA declares a marriage void in cases of bigamy, prohibited relationships, or sapinda relationships under Section 5. Despite the marriage being void, the court maintained that the affected spouse has the right to seek financial support.
With this ruling, the Supreme Court settled the legal uncertainty over whether alimony and maintenance can be granted when a marriage is annulled. The decision ensures financial protection for spouses in such cases.
Judgement Name : Sukhdev Singh vs Sukhbir Kaur | Civil Appeal No. 5726 of 2019
