VidhiSangh

Supreme Court of India · 12/02/2025

SUKHDEV SINGH versus SUKHBIR KAUR

[2025] 2 S.C.R. 1569 · 2025 INSC 197

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Summary

Answering a reference, a three-Judge Bench held that a spouse whose marriage is declared void under Section 11 of the Hindu Marriage Act, 1955 may claim permanent alimony under Section 25, since 'any decree' includes a decree of nullity. Interim maintenance under Section 24 may be granted even where the court prima facie finds the marriage void or voidable. Both reliefs are discretionary and depend on the parties' conduct.

Issues

  1. Whether 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. Whether, in a petition seeking a declaration under Section 11, a spouse may seek maintenance pendente lite under Section 24.

Provisions considered

Held

Result

Reference answered: permanent alimony under Section 25 is available to a spouse of a marriage declared void under Section 11, and interim maintenance under Section 24 may be granted though the marriage is prima facie void or voidable, both being discretionary. Appeals directed to be placed before the appropriate Bench for decision on merits.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1569.