Rehan Khan
On 12th February, the Supreme Court has held that even if a marriage is declared void under Section 11 of the Hindu Marriage Act, 1955 (HMA), the affected spouse can still claim permanent alimony or maintenance under Section 25 of the same Act. The verdict came in the case of Sukhdev Singh v. Sukhbir Kaur.
A Three-Judge Bench comprising Justice AS Oka, Justice Ahsanuddin Amanullah, and Justice AG Masih emphasized that granting such relief is not automatic but depends on the specific facts of each case and the conduct of the parties involved. “The grant of relief under Section 25 is always discretionary,” the Court clarified.
The Bench was addressing a reference made by a Division-Bench in August, 2024, concerning whether a spouse in a void marriage could seek permanent alimony. The issue had seen conflicting judicial opinions, with two previous judgments favoring such claims while five others had denied them.
Interpreting the interplay between Section 11 (which declares certain marriages as null and void) and Section 25 (which empowers courts to award maintenance), the Court ruled:
“A plain reading of Section 25(1) does not exclude a decree of nullity under Section 11 from its purview. The legislature has made no distinction between a decree of divorce and a decree declaring marriage as a nullity.”
The Court also distinguished Section 25 of the HMA from Section 125 of the Code of Criminal Procedure (CrPC), which provides maintenance for wives, children, and parents. It stated:
“Section 25 of the 1955 Act confers rights on both spouses of a void marriage to seek maintenance from the other. In contrast, Section 125 of the CrPC applies only to wives and children, not to husbands.”
The Appellant’s counsel argued that allowing maintenance in void marriages could lead to absurd consequences. He cited hypothetical situations such as a woman inducing a man into marriage despite her first marriage being subsisting or a daughter marrying her father.
However, the Court dismissed these concerns, noting that existing legal safeguards prevent misuse. “If the conduct of the spouse seeking maintenance is such that they are not entitled to discretionary relief, the Court can always reject the claim for permanent alimony,” it reasoned.
A related issue before the Court was whether a spouse in a void marriage could seek maintenance pendente lite (interim maintenance) under Section 24 of the HMA while the case is pending. The Court affirmed that such relief can be granted, provided two conditions are met:
- A proceeding under the Hindu Marriage Act must be pending.
- The applicant spouse must lack independent income sufficient for their maintenance and legal expenses.
Case Title: Sukhdev Singh v. Sukhbir Kaur
Case Number: Civil Appeal No. 2536 OF 2019
Bench: Justices AS Oka, Ahsanuddin Amanullah, and AG Masih