Supreme Court: Spouses in Void Marriages May Claim Maintenance Under Hindu Marriage Act

In a landmark ruling, the Supreme Court of India has held that spouses in marriages declared void under Section 11 of the Hindu Marriage Act, 1955 may be eligible for permanent alimony under Section 25 and interim maintenance under Section 24 of the Act. The judgment, delivered on February 12, 2025, in the case of Sukhdev Singh v. Sukhbir Kaur, provides significant clarity on the legal rights of spouses in void marriages.

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Case Background

The primary legal issue before the Supreme Court was whether a spouse in a void marriage—one that is legally non-existent from the outset—can claim maintenance. The husband (appellant) argued that since a void marriage creates no legal obligations, the spouse cannot seek alimony or maintenance. The wife (respondent) countered this argument, contending that the phrase “any decree” under Section 25 should be interpreted broadly to include void marriages, ensuring financial justice for affected spouses.

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Court’s Analysis and Findings

The Court carefully examined the provisions of the Hindu Marriage Act, 1955, including:

• Section 5 – Lays down conditions for a valid Hindu marriage.
• Section 11 – Declares certain marriages void if they violate Section 5.
• Section 24 – Provides for interim maintenance and litigation expenses during proceedings.
• Section 25 – Grants courts discretionary power to award permanent alimony and maintenance upon the passing of a decree.

The Court also analyzed past judicial precedents, noting conflicting rulings on whether spouses in void marriages were entitled to maintenance. After a detailed examination, the Supreme Court held that:

1. Spouses in void marriages are entitled to seek permanent alimony under Section 25, though the grant of such relief is discretionary and dependent on factors such as financial dependence and conduct of the parties.
2. Interim maintenance under Section 24 can also be granted, ensuring that financially dependent spouses are not left destitute even in cases where the marriage is legally void.
3. The discretion under Sections 24 and 25 must be exercised judiciously, with due consideration to equity and financial justice.

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Significance of the Judgment

This ruling marks a significant step in protecting financially vulnerable spouses in marriages that are later declared void. By ensuring that maintenance provisions under Sections 24 and 25 apply to void marriages, the Supreme Court has reinforced the principle that legal technicalities should not deprive individuals of financial justice.

This decision will serve as a guiding precedent for lower courts handling cases of void marriages, emphasizing that the financial rights of spouses should not be disregarded, even when a marriage is deemed legally invalid.

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