VOID MARRIAGES: CAN SPOUSES STILL CLAIM FOR MAINTENANCE?

 






In the past, Indian courts frequently handled marriage cases in a formalistic manner. For example, nullities were rigidly applied to marriages that were declared unlawful under the Hindu Marriage Act for grounds such as bigamy or violation of forbidden degrees of connection. This meant that because the law did not recognize the marriage bond in the first place, the spouses in such marriages—who were mostly women—had no right to maintenance or alimony. Yet as the necessity to shield weak spouses from the severe effects of rigid legal formalism has become more apparent, there has been a discernible change in the way judges have thought throughout time. As they concentrate on the larger goal of the law—ensuring justice and preventing destitution—courts are giving social justice a higher priority.

This case revolves around an important question about maintenance rights in the event of a void marriage under the Hindu Marriage Act, 1955. The Act's Section 25, which specially talks about alimony and maintenance, is evaluated more broadly in this case. The question arises whether spouses in marriages that are legally void because of prior marital connections are covered by this provision's protection has to be addressed by the court. The decision upheld the legal precept that poverty is the last thing that the government wants to avoid, guaranteeing that the spouse's financial stability is maintained even in null and invalid marriages. This ruling highlights the judiciary's responsibility in striking a balance between the requirements of social justice and the intricacies of marriage law, with substantial ramifications for cases that are comparable to it.

This case not only makes clear how broad Section 25 is but also highlights the reinforcements required in the maintenance laws in India. In the case of Sukhdev Singh v. Sukhbir Kaur the key question was whether a spouse who had a void marriage because of past marital relationships may still get maintenance or alimony under Section 25 of the Hindu Marriage Act, 1955. The court also deliberated about the applicability in this case of the more expansive reading of Section 25, which permits maintenance even following a null and void marriage.

The bench of Justice Vikram Nath and P.B. Varale had conflicting views on the applicability of sections 24 and 25 of the Hindu Marriage Act 1955 whether alimony can be granted or not as the marriage is void. The court also referred few precedents and ended up with a conflicting decision.

In order to form a three-judge panel to investigate the matter, the court ordered that the records be presented to Chief Justice of India, DY Chandrachud for passing an effective judgement.

REFERENCE-

·       https://www.livelaw.in/top-stories/can-alimony-be-granted-when-marriage-is-declared-void-under-hindu-marriage-act-supreme-court-to-consider-267599#:~:text=The%20Court%20noted%20the%20following,Another%20(1988)%201%20SCC%20530

·       https://www.verdictum.in/court-updates/supreme-court/sukhdev-singh-v-sukhbir-singh-whether-alimony-can-be-granted-in-void-marriage-three-judge-bench-section-24-25-hindu-marriage-act-1549013

 

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