Spouse in void marriage under Hindu Marriage Act entitled to alimony: SC

Despite a marriage having been declared void under Section 11 of the Hindu Marriage Act, 1955, a spouse is entitled to seek permanent alimony or maintenance under Section 25 of the Act, the Supreme Court ruled on Wednesday.

However, a three-judge Bench led by Justice AS Oka sounded a note of caution, saying if permanent alimony could be granted or not always depended on the facts of each case and the conduct of the parties as powers under Section 25 were discretionary.

Unlike Section 125 of the Criminal Procedure Code under which only the wife and children, Section 24 of the HMA entitles both husband and wife to claim permanent alimony/maintenance.

The matter was referred to the three-judge Bench by a two-judge Bench in August 2024 in view of conflicting opinions by two-judge Benches on grant of permanent alimony/maintenance in a case where a marriage has been declared void.

"A grant of a decree under Section 25 of the 1955 Act is discretionary. If the conduct of the spouse who applies for maintenance is such that the said spouse is not entitled to discretionary relief, the court can always turn down the prayer for the grant of permanent alimony…,” the three-judge Bench held.

On the issue of maintenance during pendency of matrimonial litigation, the three-judge Bench said, “Even if, prima facie, the matrimonial court finds the marriage between the parties is void or voidable, the court is not precluded from granting maintenance pendente lite (during pendency of litigation) provided the conditions mentioned above are satisfied.

“The grant of relief under Section 24 is discretionary as the Section uses the word ‘may’. While deciding the prayer for interim relief under Section 24, the Court will always consider the conduct of the party seeking the relief. It provides for issuing a direction to pay a reasonable amount,” said the Bench which also included Justice A Amanullah and Justice AG Masih.