SC to Rule on Alimony Rights in Void Marriages Under Hindu Marriage Act

By Legal Wires 5 Minutes Read

The Supreme Court of India has set an important legal question for hearing on October 3, 2024—whether alimony can be granted under the Hindu Marriage Act, 1955 (HMA) when a marriage is declared void. The issue, which has significant legal implications, is being examined by a three-judge bench consisting of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih. The matter stems from conflicting rulings issued by different division benches on the interpretation of Sections 24 and 25 of the HMA, which deal with interim and permanent maintenance, respectively.

Context of the Hearing

• The hearing comes following a reference made by a division bench in August 2024 due to conflicting judgments on whether alimony can be granted in cases where a marriage is declared void under Section 11 of the HMA.
• The division bench noted that previous rulings had taken differing views on whether B.Ed. degree holders could be granted alimony in cases where marriages were annulled due to bigamy, prohibited degrees of relationship, or sapinda relationships, all of which are grounds for voiding marriages under Section 5 of the HMA.

Supreme Court’s Directions

• During the proceedings on September 5, 2024, the three-judge bench directed both parties to file written submissions and a compilation of judgments by October 3. Justice Oka remarked: “This is a very important question to be decided. This will arise in many cases.”
• The Court granted a four-week extension to allow both sides to prepare, noting that the counsel for the respondent was unavailable.

Key Legal Provisions at Issue

• Section 24 of the HMA allows for interim maintenance to be provided during the pendency of matrimonial cases, while Section 25 deals with permanent alimony after the dissolution or annulment of marriage.
• The central issue is whether these provisions apply to marriages that have been declared void under Section 11 of the HMA.

Previous Conflicting Judgments

• The division bench that referred the matter to a larger bench had highlighted conflicting judgments on the issue of alimony in void marriages.
• Several rulings have favored granting alimony, such as in the cases of:
  1. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530
  2. Abbayolla Reddy v. Padmamma AIR 1999 AP 19
  3. Navdeep Kaur v. Dilraj Singh (2003) 1 HLR 100
  4. Bhausaheb @ Sandhu S/o Raguji Magar v. Leelabai W/o Bhausaheb Magar (2004) AIR Bom. 283 (FB)
  5. Savitaben Somabhai Bhatiya v. State of Gujarat & Others (2005) 3 SCC 636
• Conversely, other judgments have ruled against alimony in such cases, such as in:
  1. Chand Dhawan v. Jawaharlal Dhawan (1993) 3 SCC 406
  2. Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33

Key Case in Question: Sukhdev Singh v. Sukhbir Kaur

• The case that has brought this issue before the Supreme Court is Civil Appeal No. 2536/2019, Sukhdev Singh v. Sukhbir Kaur.
• The case focuses on whether alimony can be awarded after a marriage is declared void under Section 11 due to bigamy or other grounds.

Click to read: Sukhdev Singh v. Sukhbir Kaur, Civil Appeal No. 2536/2019

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