Sukhdev Singh vs Sukhbir Kaur 2025 INSC 197 - Alimony - Void Marriages

Hindu Marriage Act, 1955,- Section 25 -A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties. The grant of relief under Section 25 is always discretionary. (Para 28)

Hindu Marriage Act, 1955- Section 24 - Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. While deciding the prayer for interim relief under Section 24, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary. (Para 28)

Hindu Marriage Act, 1955- Section 5,11 - The following categories of marriages are void:a. If one or both the parties to the marriage have a spouse living at the time of marriage; b. The parties to the marriage are within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two and c. The parties are sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. (Para 11) These marriages become void at the inception. Therefore, such marriages are void ab initio. Such marriage does not exist at all in the eyes of the law. (Para 13)

Hindu Marriage Act, 1955- Section 25 - Code of Criminal Procedure 1973 - Section 125 - The remedy under Section 25 of the 1955 Act is completely different from the remedy under Section 125 of the CrPC. It confers rights on the spouses of the marriage declared as void under Section 11 of the 1955 Act to claim maintenance from the other spouse. The remedy is available to both husband and wife. The principles which apply to Section 125 of the CrPC cannot be applied to Section 25 of the 1955 Act. The relief under Section 125 of the CrPC can be granted to wife or child and not to husband- Section 125 of the CrPC operates altogether in a different field. It is a quick and efficacious remedy made available to a wife or a child to seek maintenance. The proceedings under Section 125 of the CrPC are of a summary nature. While deciding the applications under Section 125 of the CrPC, a summary procedure is required to be followed, and a detailed adjudication of the rights of the parties cannot be made. The same is the legal position as regards the corresponding remedy under Section 144 of the BNSS. (Para 21-22)

Hindu Marriage Act, 1955- Section 24 -The conditions for applicability of Section 24 are: (i) There must be a proceeding under the 1955 Act pending and (ii) the court must come to a conclusion that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding. (Para 27)

Hindu Marriage Act, 1955- Section 23- A decree in proceedings contemplated by Section 23 of the 1955 Act is a narrower concept. It can only be a decree granting one of the reliefs under Sections 9 to 13 of the 1955 Act -The following are the decrees which may be passed under the 1955 Act: a. A decree under Section 9 of restitution of conjugal rights; b. A decree under Section 10 of judicial separation; c. A decree under Section 11 declaring a marriage as void; d. A decree under Section 12 of annulment of a marriage on the ground that it is voidable; and e. A decree of divorce under Sections 13 and 13B- The ‘decrees in proceedings’ will not include the decisions dismissing the petitions seeking reliefs under Sections 9 to 13.

Constitution of India - Article 21 - Calling a woman an “illegitimate wife” or “faithful mistress” will amount to a violation of the fundamental rights of that woman under Article 21 of the Constitution of India. Describing a woman by using these words is against the ethos and ideals of our Constitution. No one can use such adjectives while referring to a woman who is a party to a void marriage. (Para 24)