New Delhi, February 12, 2025 — In a landmark ruling, the Supreme Court of India has held that a spouse whose marriage has been declared void under the Hindu Marriage Act, 1955 (HMA), is entitled to seek permanent alimony and maintenance from the other spouse. The judgment, delivered by a three-judge bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, clarifies the interpretation of Sections 24 and 25 of the Hindu Marriage Act.

Background of the Case

The case originated from conflicting judgments across various High Courts regarding whether spouses in void marriages could claim alimony and maintenance. The case involved an appellant husband who challenged an earlier decision that allowed maintenance in a void marriage, arguing that since the marriage was legally nullified, no financial obligation should arise. The respondent wife, on the other hand, sought enforcement of her right to maintenance despite the marriage being declared void. 

Supreme Court’s Observations and Ruling

The Supreme Court ruled that Section 25 of the HMA allows a spouse in a void marriage to claim permanent alimony and maintenance from the other spouse. The judgment emphasized that such relief is discretionary and depends on the facts and conduct of each case.

Impact of the Ruling

This ruling brings much-needed clarity and legal protection to spouses trapped in void marriages, ensuring they have financial support despite the legal nullification of their union. Legal experts believe this judgment reinforces the principle that maintenance rights should not be denied solely based on the status of a marriage but should be determined by considerations of justice and fairness.

The Supreme Court’s decision marks a progressive step toward ensuring financial security for spouses in void marriages. By upholding the right to maintenance and condemning gender-biased language, the judgment sets a precedent for future cases and strengthens legal protections for vulnerable individuals. The ruling is expected to influence matrimonial law interpretations across the country, providing greater clarity on maintenance rights under the Hindu Marriage Act.