New Delhi, February 12, 2025: The Supreme Court (SC) of India has ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 (HMA) can be granted even when a marriage has been declared void under Section 11 of the Act.

A three-judge bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih delivered the ruling while answering a reference made by a two-judge bench led by Justice Vikram Nath. The reference arose due to conflicting Supreme Court decisions on whether a spouse can claim permanent alimony and maintenance under Section 25 of HMA after a marriage is declared void.

Court’s Observations

The Court held that a spouse in a void marriage is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of HMA. It emphasized that the grant of relief under this provision is discretionary and depends on the facts of each case and the conduct of the parties.

“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 can be granted 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 stated.

Regarding interim maintenance under Section 24, the Court ruled that even if a marriage is prima facie void, interim maintenance can still be granted during pending proceedings, provided the statutory conditions are met.

“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,” the judgment read.

Arguments and Court’s Interpretation

The Husband/Appellant argued that a void marriage is legally non-existent, and therefore, no claim for alimony or maintenance should arise under Section 25 of HMA. He contended that the phrase “any decree” under Section 25 should not include decrees that declare a marriage void.

However, the Supreme Court rejected this argument, holding that a “decree of nullity” under Section 11 still qualifies as a decree under Section 25, allowing a claim for permanent alimony. The Court noted that Section 25 makes no distinction between a decree of divorce and a decree declaring a marriage void.

“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, a decree of nullity under Section 11 falls within the purview of Section 25(1) of the 1955 Act,” the Court stated.

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Legal Provisions Involved

Under the Hindu Marriage Act, 1955:

• Section 11 declares a marriage void if:
  • One spouse was already married (bigamy).
  • The spouses are within the prohibited degrees of relationship under Section 5.
  • The spouses are sapinda (close blood relatives) under Section 5.
• Section 24 allows interim maintenance (maintenance pendente lite) during the pendency of matrimonial proceedings.
• Section 25 provides for permanent alimony and maintenance upon passing of “any decree” under the Act.

Significance of the Ruling

This decision clarifies the legal position on maintenance rights in void marriages and ensures financial protection for spouses even when a marriage is declared legally non-existent. The judgment also reaffirms that relief under Sections 24 and 25 is discretionary and depends on the specific facts of each case.

Case Name: Sukhdev Singh v. Sukhbir Kaur
Citation: 2025 LiveLaw (SC) 195

Read the Judgement here

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