Sukhdev Singh vs. Sukhbir Kaur
The case is between Subkdev Singh and Sukhbir Kaur, embodying a critical question of law, i.e., when the competent court had declared the Marriage void under Section 11 of the Hindu Marriage Act,1955 under those circumstances can a spouse is entitled to any sort of claim for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act,1955. In light of the same, when the petition has been filed for seeking a declaration that the marriage is void under Section 11 of the Hindu Marriage Act,1955, under those circumstances, a spouse will be entitled to seek maintenance pendente lite under Section 24 of the Hindu Marriage Act,1955 or not.
The Facts of the case were that the Marriage under Section 11 of the Hindu Marriage Act,1955, had been declared void by the Competent Court. However, there are conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, whether alimony can be granted where a marriage has been declared void.
The Supreme Court of India has held that as per Section 25(1), it will not be possible to exclude a decree of nullity under Section 11 from the purview of Section 25(1) of the Hindu Marriage Act, 1955. If the matrimonial court finds the marriage between the parties is void or voidable, the court is not precluded from granting maintenance pendente lite. The grant of relief under Section 24 is discretionary, and the Court will always consider the conduct of the party/facts of the case seeking the relief. The Supreme Court also highlighted that 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 since this objectionable language is used in a judgment of the Full Bench of a Bombay High Court.
The significance lies in upholding judicial discretion while ensuring financial security for spouses in void marriages. This interpretation provides relief to affected individuals while emphasizing the need for a case-specific approach in granting permanent alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955. Clarity in matrimonial law, particularly in distinguishing void and voidable marriages, is essential to safeguarding equitable rights while maintaining legal consistency. As such matters progress, the judiciary remains tasked with balancing fairness and legal principles to ensure just outcomes in each case.