Even when the Hindu Marriage Act declares a marriage void, permanent alimony or maintenance can be granted: Supreme Court

Today (February 12, 2025), the Supreme Court bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih ruled that a spouse is entitled to seek permanent alimony or maintenance from the other spouse under the Hindu Marriage Act, 1955 even when their marriage has been declared void. The bench passed the order while answering to a reference made by a two-judge bench of the top court last year. The questions considered by the bench today include, “Whether a spouse of a marriage declared as void by a competent Court under Section 11 of the 1955 Act is entitled to claim permanent alimony and maintenance under Section 25 of the 1955 Act?” and “Whether in a petition filed seeking a declaration under Section 11 of the 1955 Act, a spouse is entitled to seek maintenance pendente lite under Section 24 of the 1955 Act?” Section 25 of the Hindu Marriage Act deals with ‘Permanent alimony and maintenance’ and Section 11 of the Hindu Marriage Act deals with ‘Void marriages’. 

During the proceedings, the learned counsel appearing for the husband pointed out that “there can be void marriages between father and daughter, brother and sister and grandfather and granddaughter. He questioned whether, in the case of such marriages, after the same are declared void, the Court can exercise the power under Section 25 of the 1955 Act to grant maintenance.” He added, “There would be cases where the wife may be responsible for concealing her first marriage which is in subsistence, and induce the husband to marry. There may be cases where both parties may be unaware that they are solemnizing a void marriage. He submitted that it is absurd to include a decree declaring a marriage as void in the expression “any decree” used in Section 25 of the 1955 Act.”  He submitted that a marriage declared void under Section 11 is void ab initio, which does not exist; therefore, a wife whose marriage is declared void cannot claim to be a spouse within the meaning of Section 25 of the 1955 Act. On the other hand, the learned counsel appearing for the wife relied upon Article 15(3) of the Constitution of India and submitted that Section 25 is a special provision enacted for women. 

After hearing the matter, the SC bench pointed out, “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, on a plain reading of Section 25(1), it will not be possible to exclude a decree of nullity under Section 11 from the purview of Section 25(1) of the 1955 Act.” The bench concluded, “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 of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties. The grant of relief under Section 25 is always discretionary; and 

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. While deciding the prayer for interim relief under Section 24, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary.”