Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Answering a reference, the Supreme Court today (February 12) ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void.

"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 held.

Regarding the grant of interim maintenance under Section 24 of HMA, the Court observed:

"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.".

A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih delivered the ruling in response to a reference made by a 2-judge bench led by Justice Vikram Nath last year. The reference was prompted by conflicting Supreme Court decisions on the question of whether permanent alimony or maintenance can be awarded to a spouse even after a marriage has been declared void under Section 11 of HMA.

Section 25 of HMA provides discretionary powers to the family court to grant permanent alimony upon passing of "any decree" under the Act. The Husband/Appellant contended that the term "any decree" under Section 25 of HMA should not include decrees declaring a marriage void. He argued that a void marriage is legally non-existent, so no spouse can claim benefits under Section 25.

For brevity, as per Section 11 of HMA, marriage is declared void if there is an element of bigamy, spouses are within the prohibited degrees of relationship or the parties are sapinda of each other under Section 5 of the Act.

Rejecting the argument presented by the Husband/Appellant, the judgment authored by Justice Oka underscored that a 'decree of nullity' declaring a marriage void still qualifies as a decree under Section 25 of the HMA, allowing a claim for permanent alimony.

"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", the court reasoned.

The Court answered the reference accordingly.

Also from the judgment - Calling A Woman 'Illegitimate Wife' Or 'Faithful Mistress' Violates Her Rights : Supreme Court Criticises Misogynistic Language In Judgment

Case Details : SUKHDEV SINGH v SUKHBIR KAUR

Citation : 2025 LiveLaw (SC) 195

Click here to read/download the judgment

Appearance:

For Appellant(s) Mr. Rajesh Aggarwal, AOR Mrs. Mridul Aggarwal, Adv. Mr. Akash Karanwal, Adv. Mr. Shubham Chandel, Adv.

For Respondent(s) Ms. Mahalakshmi Pavani, Sr. Adv. Mr. Naresh Kumar, AOR Mr. Neeleshwar Pavani, Adv. Ms. Shaurya Mishra, Adv.