Summary

Sukhdev Singh v. Sukhbir Kaur

Citation: 2025 INSC 197
Court: Supreme Court of India
Judges: Abhay S. Oka, J., Ahsanuddin Amanullah, J., Augustine George Masih, J.
Jurisdiction: Civil Appellate

HEADNOTES

1. Hindu Marriage Act – Right to Alimony After Void Marriage

• Held: A spouse of a marriage declared void under Section 11 of the Hindu Marriage Act, 1955 is entitled to claim permanent alimony and maintenance under Section 25.

2. Interpretation of ‘Decree’ in Section 25 – Applicability to Void Marriages

• Held: The term "any decree" in Section 25 includes a decree of nullity under Section 11. This means that a spouse from a void marriage can seek maintenance, as the relief is discretionary.

3. Interim Maintenance – Applicability of Section 24

• Held: Even if a marriage is prima facie void, the Court can still grant maintenance pendente lite under Section 24, provided the applicant lacks sufficient independent income.

4. Judicial Review – Balancing Law and Social Justice

• Held: The right to dignity and financial security applies even in cases where a marriage is later declared null and void. Courts must balance legal formalities with social justice concerns.

FACTUAL BACKGROUND

• Sukhdev Singh (Appellant) and Sukhbir Kaur (Respondent) got married in 2010.

• The appellant later discovered that the respondent was already married to another person at the time of their marriage.

• In 2018, the appellant filed a petition under Section 11 of the Hindu Marriage Act, 1955, seeking a declaration that the marriage was void ab initio due to bigamy.

• The Family Court granted the petition in 2021, declaring the marriage null and void.

• The Respondent-wife then filed for permanent alimony under Section 25, claiming she was financially dependent.

• The Punjab & Haryana High Court ruled in favor of the wife, granting permanent alimony despite the marriage being void.

• The husband challenged the decision before the Supreme Court, arguing that since the marriage was void ab initio, the wife should not be entitled to maintenance.

LEGAL ISSUES

1. Can a spouse from a void marriage claim alimony under Section 25 of the Hindu Marriage Act?

2. Does the term “any decree” in Section 25 include a decree of nullity under Section 11?

3. Can interim maintenance be granted under Section 24 in a pending petition for nullity?

COURT’S ANALYSIS

1. Spouse from Void Marriage Can Claim Maintenance

• The Supreme Court ruled that Section 25 applies to all decrees granted under the Hindu Marriage Act, including decrees of nullity under Section 11.

• The Court relied on Chand Dhawan v. Jawaharlal Dhawan (1993) 3 SCC 406 and Rameshchandra Daga v. Rameshwari Daga (2005) 2 SCC 33, which held that even if a marriage is void, a spouse can still claim maintenance.

• The Court rejected the argument that only legally wedded spouses can seek alimony and emphasized the need for financial security in cases where one party is left vulnerable.

2. “Any Decree” in Section 25 Includes a Decree of Nullity

• The Supreme Court analyzed the language of Section 25, which allows courts to grant maintenance at the time of passing "any decree".

• The Court ruled that a decree of nullity is included in this definition, reinforcing that financial dependency does not disappear just because a marriage is void.

• The Court overruled the Bombay High Court’s Full Bench decision in Bhausaheb Magar v. Leelabai Magar (2004 AIR Bom 283), which held that a void marriage spouse cannot seek maintenance.

3. Interim Maintenance Under Section 24 Can Be Granted Even If Marriage Is Void

• The Court clarified that interim maintenance under Section 24 is permissible even in pending cases for nullity under Section 11.

• The judgment emphasized that a financially dependent spouse should not be left destitute while legal proceedings are ongoing.

4. Constitutional and Social Justice Perspective

• The Court held that denying alimony based on technical invalidity of marriage would violate the right to dignity under Article 21 of the Constitution.

• The Court criticized the misogynistic language used in past judgments, where women in void marriages were described as "illegitimate wives" or "faithful mistresses."

• The ruling emphasized that legal interpretations must evolve to align with contemporary views on gender justice.

CONCLUSION & FINAL ORDER

1. A spouse from a void marriage is entitled to claim permanent alimony under Section 25.

2. A decree of nullity under Section 11 qualifies as "any decree" under Section 25.

3. Interim maintenance under Section 24 is permissible even in cases where a marriage is ultimately declared void.

4. The Punjab & Haryana High Court’s decision was upheld, and the appeal was dismissed.

Final Disposition: Appeal Dismissed, Maintenance Granted

This landmark judgment expands the rights of spouses in void marriages, ensuring that financial security is not denied solely due to the legal status of marriage. It sets a progressive precedent for social justice in matrimonial laws.