SC: PERMANENT ALIMONY & MAINTENANCE ALLOWED IN VOID MARRIAGES UNDER HMA:

SC: PERMANENT ALIMONY & MAINTENANCE ALLOWED IN VOID MARRIAGES UNDER HMA:

In response to a legal reference, the Supreme Court of India, on February 12, ruled that both permanent alimony and interim maintenance under the Hindu Marriage Act, 1955, can be awarded even in cases where the marriage has been declared void. This judgment clarifies that financial support obligations persist regardless of the validity of the marriage, ensuring protection for affected spouses.

"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", the Court held.

Regarding the grant of interim maintenance under Section 24 of HMA, the Court observed:

"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”.

A bench consisting of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih delivered the ruling in response to a legal reference made by a two-judge bench led by Justice Vikram Nath last year. The reference was necessitated due to conflicting Supreme Court rulings on the issue of whether a spouse can be granted permanent alimony or maintenance even after a marriage has been declared void under Section 11 of the Hindu Marriage Act, 1955. This decision aims to resolve the legal uncertainty surrounding the financial rights of individuals in void marriages.

Section 25 of the Hindu Marriage Act, 1955, grants family courts discretionary powers to award permanent alimony upon issuing "any decree" under the Act. The Husband/Appellant argued that the phrase "any decree" should not encompass decrees declaring a marriage void. He contended that a void marriage is legally non-existent, and therefore, no spouse should be entitled to claim benefits under Section 25.

For clarity, under Section 11 of the Act, a marriage is deemed void if it involves bigamy, falls within the prohibited degrees of relationship, or if the spouses are sapindas of each other as defined under Section 5.

Dismissing the argument put forth by the Husband/Appellant, the judgment authored by Justice Oka emphasized that a 'decree of nullity' declaring a marriage void still constitutes a decree under Section 25 of the Hindu Marriage Act, thereby permitting a claim for permanent alimony.

"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 court reasoned.

The Court answered the reference accordingly.