Supreme Court to Resolve Conflicting Views on Alimony for Void Marriages
The Supreme Court is set to address whether alimony can be awarded under Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) when a marriage has been declared void. This decision follows a series of conflicting judgments on the issue.
A Division Bench comprising Justice Vikram Nath and Justice PB Varale has referred the matter to a larger bench due to the inconsistent legal interpretations surrounding the applicability of these alimony provisions in cases where the marriage is void. The Court has directed that the case papers be presented to Chief Justice of India DY Chandrachud for further orders.
Section 24 of the HMA deals with interim maintenance during ongoing litigation or proceedings between spouses, while Section 25 provides for permanent alimony and maintenance. Section 11 of the HMA states that a marriage can be declared null and void for reasons such as bigamy, prohibited relationships, or being sapindas.
Conflicting decisions have emerged on whether alimony can be granted when a marriage is deemed void. For instance, cases like *Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav* (1988) and *Savitaben Somabhai Bhatiya v. State of Gujarat* (2005) have permitted alimony under such circumstances. Conversely, decisions such as *Chand Dhawan v. Jawaharlal Dhawan* (1993) and *Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga* (2005) have ruled against granting alimony.
The Supreme Court will now resolve this issue through a three-judge Bench. Advocates Rajesh Aggarwal, Mridul Aggarwal, Akash Karanwal, Shubham Chandel, and Amrender Ray represent the appellant, while Senior Advocate Mahalakshmi Pavani, Naresh Kumar, Neeleshwar Pavani, and Shaurya Mishra represent the respondent.
(With inputs from agency)
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