The Supreme Court has stated that permanent alimony and maintenance under Section 25 of the Hindu Marriage Act can be awarded even if the marriage is considered void.
The Supreme Court has ruled that a spouse whose marriage is declared void under Section 11 of the Hindu Marriage Act (HMA) can request permanent alimony or maintenance from the other spouse by using Section 25 of the HMA. The Court also stated that if a preliminary conclusion is reached that the marriage is void or voidable, it can still grant temporary maintenance as long as the conditions in Section 24 of the HMA are met. A Bench consisting of Justice Abhay S Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih noted, “The remedy under Section 25 of the 1955 Act is distinct from that under Section 125 of the CrPC. It allows spouses of a marriage declared void under Section 11 to claim maintenance from each other. This remedy is available to both husbands and wives. The rules for Section 125 of the CrPC do not apply to Section 25 of the 1955 Act. Relief under Section 125 can only be granted to a wife or child, not to a husband.”
AOR Rajesh Aggarwal represented the Appellant, while Senior Advocate Mahalakshmi Pavani represented the Respondent. The husband contested a previous ruling that allowed maintenance in a void marriage, while the wife sought to enforce her right to maintenance despite the marriage being annulled. The main issue for the Court was whether Section 25 of the HMA allows for permanent alimony and maintenance when a marriage is declared void. The Court also looked into whether a spouse could request interim maintenance under Section 24 during proceedings to declare a marriage void.
The Supreme Court stated that even if a matrimonial Court initially finds a marriage to be void or voidable, it can still grant maintenance during the ongoing proceedings if certain conditions are met. The Court clarified that the remedy under Section 25 of the HMA is different from that under Section 125 of the CrPC. It noted that Section 25 allows spouses of a marriage declared void under Section 11 of the 1955 Act to claim maintenance from each other, and this right applies to both husbands and wives. The Court pointed out that when Section 25(1) was created, there was no distinction made between a divorce decree and a decree that declares a marriage null. Therefore, a decree of nullity under Section 11 cannot be excluded from Section 25(1) of the 1955 Act. The Court also highlighted that the right to relief under Section 25 does not depend on the morality of a bigamous marriage. If a decree of nullity falls under Section 25, the question of whether a bigamous marriage is immoral does not matter.
A spouse whose marriage is declared void under Section 11 of the 1955 Act can seek permanent alimony or maintenance from the other spouse through Section 25. However, whether this relief can be granted depends on the specific facts and behavior of the parties involved. The decision to grant relief under Section 25 is always at the Court’s discretion. As a result, the Court ordered that the case be presented to the appropriate Bench for a decision based on the merits. Thus, the Supreme Court approved the Appeal.
Cause Title: X v. Y (Neutral Citation: 2025 INSC 197)
Appearance:
Appellant: AOR Rajesh Aggarwal; Advocates Mridul Aggarwal, Akash Karanwal and Shubham Chandel
Respondent: Senior Advocate Mahalakshmi Pavani; AOR Naresh Kumar; Advocates Neeleshwar Pavani and Shaurya Mishra
