The Supreme Court ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955, can be granted even when a marriage is declared void, settling a long-standing legal debate.
In a significant ruling, the Supreme Court of India held on February 12, 2025, that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 (HMA) can be awarded even when a marriage has been declared void under Section 11.
The decision, delivered by a three-judge bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, came in response to a reference from a two-judge bench led by Justice Vikram Nath. The reference arose due to conflicting past judgments on whether a spouse in a void marriage can claim alimony or maintenance under Section 25 of HMA.
Key Legal Observations
1. Permanent Alimony Under Section 25 of HMA
The Supreme Court clarified:
“A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties. The grant of relief under Section 25 is always discretionary.”
The Court rejected the argument that Section 25 applies only to legally valid marriages and emphasized that a decree of nullity also qualifies as a "decree" under Section 25.
2. Interim Maintenance Under Section 24 of HMA
Regarding interim maintenance (maintenance pendente lite) under Section 24, the Court stated:
“Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. While deciding the prayer for interim relief under Section 24, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary.”
This ruling ensures that a spouse in a void or voidable marriage can still claim interim financial support until the case is decided.
Background of the Case & Arguments
The Reference to Supreme Court
The case arose due to contradictory past rulings on whether alimony or maintenance can be granted in void marriages.
- The Appellant (Husband) argued that since a void marriage is legally non-existent, Section 25 should not apply to it.
- He contended that "any decree" in Section 25 does not include decrees of nullity, meaning no alimony should be granted in such cases.
Supreme Court’s Rejection of the Argument
The Supreme Court dismissed this argument, stating:
“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 the purview of Section 25(1) of the 1955 Act.”
Thus, the Court affirmed that spouses in void marriages are eligible for permanent alimony under Section 25.
What Constitutes a Void Marriage Under HMA?
As per Section 11 of the Hindu Marriage Act, 1955, a marriage is declared void if:
- It involves bigamy – i.e., one spouse was already married.
- The spouses are within the prohibited degrees of relationship.
- The parties are sapindas (closely related by blood) under Section 5 of HMA.
Despite being legally invalid, the Court ruled that spouses in such marriages can still claim financial relief.
Case Title: Sukhdev Singh v. Sukhbir Kaur
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