Introduction
Maintenance Rights for Spouses in Marriage is a burning issue in Indian Matrimonial Jurisprudence. Addressing maintenance rights in void marriages, the Hon’ble Supreme Court of India has pronounced a remarkable ruling in the case of Sukhdev Singh vs Sukhbir Kaur (2025 INCS 197) on February 12, 2025. The present judgment has been penned down after assessing the validity of the “maintenance rights of spouse” in the case of void marriage by the three-judge bench comprising Hon’ble Mr. Justice Abhay S. Oka, Hon’ble Mr. Justice Ahsanuddin Amanullah, and Hon’ble Mr. Justice Augustine George Masih.
Maintenance In Void Marriage: Issue Dealt
The case of Sukhdev Singh Vs. Sukhbir Singh revolved around the legal and financial liability of the husband in a void marriage when the marriage is considered to be void under section 11 of the Hindu Marriage Act, 1955. A marriage is void ab initio if it is ultra vires the conditions prescribed under section 5 of the Hindu Marriage Act. It is essential to explore the maintenance right in void marriages, such as when the parties in the marriage fall under a certain prohibited degree.
Considering the same situation, the Hon’ble Supreme Court has addressed key issues of contradiction between section 24 and section 25 of the Hindu Marriage Act, 1955, in the present case, where the question of right to maintenance or alimony in case of void marriage can be granted to the spouse is in question. The Supreme Court has highlighted two important questions to conclude the judgment:
- Whether the spouse from a void marriage legally entitled to permanent maintenance under section 25 of the HMA?
- Whether the spouse from a void marriage under section 11 of HMA is legally entitled to interim maintenance under section 24 of the HMA?
Precedents Cited
In the present case, a landmark judgement in Indian Matrimonial Jurisprudence, Ramprajapati Daga vs Rameshwari Rameshchandra Daga (2005) 2SCC 33 was heavily relied upon by the bench, as in that case it has been held that maintenance can be granted even after a declaration of a marriage as null and void. The Hon’ble SC has adopted the broader view which doesn’t preclude a spouse from the right to seek maintenance in case of nullity of marriage, as financial security should be there.
Judgment and Ratio Decidendi
The Supreme Court in the present judgement has held that a spouse from a “null and void” marriage is also legally entitled to both permanent and interim alimony under sections 24 & 25 of the Hindu Marriage Act. A decree of marriage being null and void cannot withhold the right to financial security after marriage from the spouse. The Hon’ble Supreme Court has adopted a broader view of financial security in the present case.
Maintenance In Void Marriage: Conclusion
The present judgement clarified the judicial intent that doesn’t allow any kind of exploitation of individual life and liberty, which is guaranteed under Article 21 of the Constitution of India, by firm rejection of misogynistic customary practices as well as terminologies from the statutes.
By:
Swarnav Biswas
