Permanent and Interim Maintenance Can Be Granted Even If Marriage Is Declared Void: Supreme Court

Case Title: Sukhdev Singh v. Sukhbir Kaur (Civil Appeal No. 2536 of 2019)

The Supreme Court has ruled that permanent alimony and interim maintenance can be granted under the Hindu Marriage Act, 1955, even if a marriage is declared void. The court also stated that whether such relief is granted depends on the specific facts of each case.

A bench comprising Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih delivered this decision while addressing a legal question referred to them by a two-judge bench of the Supreme Court. The key issues before the court were:

1. Can a spouse from a void marriage claim permanent alimony and maintenance under Section 25 of the Hindu Marriage Act?

2. Can a spouse seek temporary maintenance (maintenance pendente lite) under Section 24 while the case for declaring the marriage void is pending?

Supreme Court of India Rules on Alimony in Void Marriages

Key Provisions of the Hindu Marriage Act:

• Section 11: Defines marriages that are void from the beginning.

• Section 24: Allows courts to grant temporary maintenance during legal proceedings.

• Section 25: Provides for permanent alimony and maintenance, even after divorce or annulment.

Arguments in Court

The husband's lawyer argued that allowing maintenance in void marriages could create problems, especially in cases of relationships like father-daughter or brother-sister unions, which are automatically void. He also pointed out cases where a spouse may hide a previous marriage, leading to an unintentional void marriage. He questioned whether Section 25 applies when a marriage never legally existed.

The wife's lawyer countered by citing Article 15(3) of the Constitution, which allows special provisions for women. He argued that Section 25 should be interpreted to protect women, even in void marriages.

Supreme Court's Decision

The Supreme Court ruled that Section 25 does not distinguish between different types of marital decrees. Since a decree of divorce and a decree declaring a marriage void are both recognized under the Act, a spouse from a void marriage can seek permanent alimony and maintenance under Section 25. However, the court clarified that granting this relief will depend on, first the facts of each case and the Second is the conduct of both parties.

Additionally, the court stated that even if a marriage is considered void or voidable, the court can grant temporary maintenance under Section 24, provided the conditions are met. The conduct of the spouse seeking maintenance will also be considered.

Legal Interpretation of Void Marriages

The Supreme Court also explained that under Sections 5 and 11 of the Hindu Marriage Act, void marriages fall into three categories:

1. Marriages where one spouse is already married.

2. Marriages within prohibited degrees of relationship (unless permitted by custom).

3. Marriages between close relatives (sapindas) (unless allowed by tradition).

Such marriages are void from the beginning (void ab initio), meaning they have no legal standing. However, Section 25 empowers courts to grant maintenance even in such cases.

The court further emphasized that the term “decree” under Section 25 covers different marital orders, including:

• Restitution of conjugal rights (Section 9)

• Judicial separation (Section 10)

• Declarations of void marriages (Section 11)

• Annulment of voidable marriages (Section 12)

• Divorce (Sections 13 and 13B)

Past cases like Chand Dhawan and Rameshchandra Rampratapji Daga have also confirmed that maintenance can be granted even after a marriage is declared void. Courts must also ensure there is no unnecessary delay in seeking decrees and should encourage reconciliation whenever possible under Section 23.

Conclusion

This ruling strengthens legal protections for individuals, especially women, in cases where a marriage is later declared void. By ensuring financial security, the judgment reinforces a consistent legal approach across similar cases. The Supreme Court has made it clear that both permanent and temporary maintenance can be granted even in void marriages, based on the circumstances and conduct of the parties involved.

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