Acknowledging the conflicting judgments on this issue, a Division Bench of Justices Vikram Nath and PB Varale referred the matter to a larger bench.
NEW DELHI: The Supreme Court is set to review whether alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) can be awarded in cases where the marriage has been declared void.
Acknowledging the conflicting judgments on this issue, a Division Bench of Justices Vikram Nath and PB Varale referred the matter to a larger bench.
The Court directed the registry to submit the case to Chief Justice of India DY Chandrachud for further orders.
“Counsel for both parties assert that these matters require consideration by a three-judge bench due to differing interpretations on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, particularly on whether alimony can be granted when a marriage is declared void. Therefore, the matter should be placed before the Hon’ble Chief Justice of India for appropriate orders,” the Court stated.
Section 24 of the Hindu Marriage Act, 1955 (hereinafter ‘HMA,1955’) states that in any proceeding under the HMA, 1955, if a court believes that either the husband or the wife has no source of independent income to provide for his or her support and the required expenses of the proceedings then the court may, on the application of such dependent spouse, order the other spouse to pay –
- The expenses of the proceedings
- The monthly sum during such proceedings as the court finds reasonable with regard to the income of both the spouses.
Section 25 of the Hindu Marriage Act of 1955 covers permanent alimony and maintenance. It allows a court to order a respondent to pay maintenance and support to the applicant. The court can make this order when passing a decree, after passing a decree, or upon application from either the wife or husband. The court can order the respondent to pay: A gross sum, A monthly or periodical sum, and For a term not exceeding the applicant’s life.
Additionally, Section 11 of the HMA declares a marriage solemnized under the Act to be null and void in cases involving bigamy, prohibited relationships, or where the parties are sapindas to one another, as per Section 5 of the HMA.
The Court was informed of conflicting decisions on whether alimony can be granted when a marriage is deemed void.
The judgments permitting alimony in such cases include:
- Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav & Another, (1988) 1 SCC 530
- Abbayolla Reddy v. Padmamma, AIR 1999 AP 19
- Navdeep Kaur v. Dilraj Singh, (2003) 1 HLR 100
- Bhausaheb @ Sandhu S/o Raguji Magar v. Leelabai W/o Bhausaheb Magar, (2004) AIR Bom. 283(FB)
- Savitaben Somabhai Bhatiya v. State of Gujarat & Others, (2005) 3 SCC 636
However, decisions that oppose alimony in these circumstances are:
- Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406
- Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga, (2005) 2 SCC 33
This issue will now be resolved by a three-judge Bench of the Supreme Court.
Case Title: Sukhdev Singh v. Sukhbir Kaur
View Order
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
