SC rules alimony, maintenance valid for void marriages under Hindu law

The Supreme Court has ruled that permanent alimony and interim maintenance can be awarded under the Hindu Marriage Act, even if the marriage is declared void, based on case specifics

The Supreme Court has held that permanent alimony and interim maintenance can be awarded under the Hindu Marriage Act, 1955, even if a marriage is declared void. The court emphasised that granting such relief depends on the specific circumstances of each case, LiveLaw reported.

 

The ruling was delivered on Wednesday by a Bench consisting of Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih. It came in response to a reference made by a two-judge Bench led by Justice Vikram Nath last year.

 

The reference was sought due to conflicting Supreme Court judgments regarding the entitlement of either spouse to permanent alimony or maintenance when a marriage is declared void under Section 11 of the Hindu Marriage Act.  

 

 

“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,” the Supreme Court said, as cited by the report. Section 25 grants family courts discretionary power to award permanent alimony upon issuing “any decree” under the Hindu Marriage Act.  

 

Section 25 of the Hindu Marriage Act grants family courts the discretion to award permanent alimony upon the issuance of “any decree” under the Act. The Husband/Appellant argued that the phrase “any decree” in Section 25 should not encompass decrees that declare a marriage void. He maintained that since a void marriage has no legal existence, neither spouse should be entitled to claim benefits under Section 25.

 

Under Section 11 of the Hindu Marriage Act, a marriage is considered void if it involves bigamy, falls within the prohibited degrees of relationship, or if the parties are sapindas of each other as per Section 5 of the 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 top court mentioned.