AIROnline 2025 SC 70

Supreme Court Of India

Hon'ble Judge(s): Abhay S. Oka, Ahsanuddin Amanullah, Augustine George Masih , JJJ

(A) Hindu Marriage Act (25 of 1955) , S.25, S.11— Permanent alimony - Entitlement of spouse of void marriage - A spouse whose marriage has been declared void u/S. 11 of Act of 1955 is entitled to seek permanent alimony or maintenance from the other spouse by invoking S. 25 - Grant of relief u/S. 25 is discretionary depending on facts of case and conduct of parties. AIR 1988 SC 644-DistinguishedAIROnline 2002 P and H 29-DistinguishedAIR 2005 SC 1809-Distinguished1993 AIR SCW 2548-Relied onAIR 2004 Bom 283 (FB)-Impliedly overruled In the instant case, a reference was made to a bench comprising of three judges on the question whether alimony can be granted where marriage has been declared void . Held, A spouse whose marriage has been declared void u/S. 11 of Act of 1955 is entitled to seek permanent alimony or maintenance from the other spouse by invoking S. 25 . Grant of relief u/S. 25 is discretionary depending on facts of case and conduct of parties. While enacting S. 25(1), the legislature has made no distinction between a decree of divorce and a decree declaring marriage as a nullity. Therefore, on a plain reading of S. 25(1), it will not be possible to exclude a decree of nullity under S. 11 from the purview of S. 25(1) of the 1955 Act. Sub-Section 1 of S. 25 uses the word "may". A grant of a dec....