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Sukhdev Singh v. Sukhbir Kaur

Civil Appeal · 2025 INSC 197Decided 12 Feb 2025
C.A. No.-002536-002536 - 2019 (with Civil Appeal No. 5726 of 2019)
Justice Abhay S. Oka · Justice Ahsanuddin Amanullah · Justice Augustine George Masih

Background

These connected appeals were referred to a three-judge bench because of conflicting Supreme Court precedent on a recurring matrimonial-law question: can a spouse whose marriage is declared void or voidable under Section 11 of the Hindu Marriage Act still claim permanent alimony under Section 25, or interim maintenance under Section 24, of the same Act? Some earlier decisions had allowed such claims while others had disallowed them, prompting a two-judge bench to refer the legal question for authoritative resolution rather than decide the underlying appeals itself.

Decision Breakdown

The Court held that a spouse whose marriage has been declared void under Section 11 is nonetheless entitled to seek permanent alimony or maintenance under Section 25, though whether such relief is actually granted depends on the facts of each case and the conduct of the parties, since the relief is discretionary. It further held that even where a court reaches a prima facie conclusion that a marriage is void or voidable, it is not barred from granting interim maintenance (maintenance pendente lite) under Section 24 while the main proceeding is pending, provided the statutory conditions are met and the conduct of the party seeking relief is considered. Having answered these legal questions, the Court did not decide the individual appeals on their facts, and instead directed the Registry to place them before the appropriate bench for final disposal on merits.

Lesson Learnt

A void or voidable marriage under Hindu law does not automatically leave a spouse without any financial recourse. Courts retain discretion to award alimony or interim maintenance even in such cases, based on the parties' conduct and individual circumstances, rather than treating a void marriage as a total bar to relief.

Official source (sci.gov.in)View Judgment (PDF)

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