SC: Alimony, Maintenance Applicable Even in Void Marriages Under Hindu Marriage Act

New Delhi (The Uttam Hindu): The Supreme Court ruled that either spouse can claim interim maintenance and permanent alimony even if their marriage is declared void under the Hindu Marriage Act (HMA), 1955. A bench comprising Justices A S Oka, Ahsanuddin Amanullah and Augustine George Masih held that under Section 25 of the HMA, a spouse from a void marriage is entitled to seek financial support though the grant of such relief depends on the facts of each case and is at the court’s discretion. Similarly, under Section 24, courts can grant interim maintenance even if a marriage is found void or voidable provided the necessary conditions are met.

The ruling stemmed from a reference made by a two-judge bench due to conflicting decisions regarding alimony in void marriages. The Supreme Court clarified that while deciding on interim relief under Section 24, the court must consider the conduct of the party seeking support as relief is discretionary. This decision ensures financial protection for spouses, even in marriages deemed invalid under the law.

The apex court also criticized the Bombay High Court for using terms like “illegitimate wife” and “faithful mistress” in a past judgment, calling such language misogynistic and inappropriate. It emphasized that such terminology undermines the dignity of women and pointed out that similar adjectives were not used for husbands in void marriages. The court’s observations highlight the importance of gender-neutral and respectful language in legal discourse.