Supreme Court Rules on Alimony Rights in Legally Void Marriages

In a notable ruling, the Supreme Court of India examined whether a spouse from a marriage declared void under Section 11 of the Hindu Marriage Act, 1955 is entitled to claim interim or permanent maintenance under Sections 24 and 25 of the same Act. The matter was referred to a larger bench due to inconsistencies in previous judicial interpretations.

The dispute arose between Sukhdev Singh (husband) and Sukhbir Kaur (wife), whose marriage was later found to be void. The key legal question was whether a person from such a marriage could still seek financial support under matrimonial laws, particularly when the marriage is considered legally nonexistent from the beginning.

The Court held that:

• Spouses in void marriages can claim maintenance and alimony, both during litigation and after a decree of nullity is passed.
• Such claims are not automatic but are subject to judicial discretion based on the conduct and financial situation of both parties.
• The phrase “any decree” in Section 25 was interpreted broadly to include decrees of nullity, ensuring such spouses are not left without legal recourse.
• The Court rejected prior rulings that denied maintenance in void marriages and emphasized that denying support would risk economic hardship and violate personal dignity.

It also clarified that maintenance under the Hindu Marriage Act differs from the Criminal Procedure Code’s Section 125, which provides a separate, limited mechanism for dependent spouses.

By affirming that even in void marriages, a spouse may seek support, the Court has harmonized differing views among High Courts. The judgment strengthens protections—especially for women—who may unknowingly enter unlawful marriages and later face destitution.

This decision underscores a compassionate and equitable approach, recognizing that the absence of legal marital status shouldn’t bar a spouse from seeking relief. It ensures dignity, fairness, and uniformity in matrimonial jurisprudence going forward.