The Supreme Court of India ruled that spouses in void marriages under the Hindu Marriage Act can claim alimony and maintenance. This decision clarifies legal ambiguities regarding maintenance rights, allowing for both permanent and interim assistance, and emphasizes the protection of women’s dignity while dismissing arguments against maintenance based on morality.
New Delhi: The Supreme Court of India has ruled that a spouse in a marriage declared void under the Hindu Marriage Act, 1955, is still entitled to seek alimony and maintenance under Section 25 of the Act. This ruling clarifies a long-standing legal question regarding maintenance rights in void marriages.
The verdict was delivered by a three-judge bench comprising Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih in the case Sukhdev Singh v. Sukhbir Kaur (Civil Appeal No. 2536 of 2019). The matter was referred to a larger bench due to conflicting judicial interpretations on whether permanent alimony and interim maintenance could be granted in void marriages.
In this case, Sukhdev Singh (Appellant-Husband) argued that since his marriage with Sukhbir Kaur (Respondent-Wife) had been declared void under Section 11 of the Hindu Marriage Act, his wife was not entitled to any maintenance. However, the Supreme Court ruled in favor of the right to maintenance, settling the debate.
The Court examined two crucial questions:
- Can a spouse from a void marriage claim permanent alimony and maintenance under Section 25?
- Can a spouse from a void marriage seek interim maintenance under Section 24 during proceedings?
The interpretation of the phrase “at the time of passing any decree” under Section 25 was central to the case, as it would determine whether a decree declaring a marriage void allows maintenance claims.
1. Void Marriages Do Not Bar Maintenance Under Section 25
The Supreme Court clarified that the right to claim maintenance survives even in void marriages.
“When a decree affects the marital status of a spouse, the right to claim maintenance survives. This applies equally to void marriages.”
2. Interim Maintenance Allowed Even in Void Marriages
The Court held that interim maintenance (pendente lite) can be granted under Section 24, even if the marriage is void, provided the spouse seeking maintenance has no independent income.
“A court is not precluded from granting interim maintenance if the spouse seeking relief has no independent income. The discretion of the court is paramount.”
3. Bigamy and Maintenance: Law vs. Morality
The appellant-husband argued that allowing maintenance in bigamous marriages would legitimize illegality. However, the Supreme Court rejected this argument, stating:
“A bigamous marriage may be illegal, but it cannot be considered so immoral that it deprives a financially dependent spouse of the right to sustenance.”
4. Condemnation of Misogynistic Language in Previous Judgments
The Supreme Court strongly criticized past judgments that referred to women in void marriages as “illegitimate wives” or “faithful mistresses.”
“Using such terms violates a woman’s dignity under Article 21 of the Constitution. No person should be referred to in a manner that diminishes their fundamental rights.”
After analyzing past rulings and statutory provisions, the Supreme Court ruled that:
- Spouses in void marriages are entitled to alimony and maintenance under Section 25.
- Interim maintenance under Section 24 is also applicable in void marriages.
- Courts have full discretion to assess maintenance on a case-by-case basis.
- Women’s dignity must be protected in legal discourse.
The Court dismissed the argument that granting maintenance would encourage illegal marriages, emphasizing that financial dependence should not lead to destitution.
This judgment sets a crucial precedent in Indian family law, ensuring financial protection for spouses in void marriages while upholding constitutional dignity and equality.
Case Details – SUKHDEV SINGH v SUKHBIR KAUR
Read the Judgement here:
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES