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
- 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.
- Whether, in a petition seeking a declaration under Section 11, a spouse may seek maintenance pendente lite under Section 24.
Provisions considered
- Sections 5 and 11, Hindu Marriage Act, 1955Read together, a marriage is void if either party has a living spouse, or the parties are within prohibited degrees or are sapindas (absent a permitting custom). Such a marriage is void ab initio and may be declared so by a decree of nullity. (¶¶ 2, 3, 11, 12, 13)
- Section 23, Hindu Marriage Act, 1955'Decree in proceedings' under Section 23 means a decree granting relief under Sections 9 to 13, not an order dismissing such a petition. The decree in Section 25 is a decree of this kind. (¶¶ 15, 16, 17)
- Section 25, Hindu Marriage Act, 1955The power to grant permanent alimony 'at the time of passing any decree or at any time subsequent thereto' draws no distinction between a decree of divorce and a decree of nullity, so it extends to a spouse whose marriage is declared void. The word 'may' and the reference to the parties' conduct make the relief discretionary. (¶¶ 5, 14, 18, 19, 22, 28)
- Section 24, Hindu Marriage Act, 1955Interim maintenance and litigation expenses may be granted while a proceeding under the Act is pending if the applicant lacks sufficient independent income. A prima facie view that the marriage is void or voidable does not bar relief, which remains discretionary. (¶¶ 5, 27, 28)
- Section 125, Code of Criminal Procedure, 1973Distinguished as a summary remedy available only to a wife or child. Decisions under it, such as Yamunabai Anantrao Adhav and Savitaben Somabhai Bhatiya, do not govern Section 25 of the 1955 Act; the same applies to Section 144 BNSS. (¶¶ 19, 21, 22, 25)
- Section 18, Hindu Adoptions and Maintenance Act, 1956A wife's separate right to maintenance, which remains available where a decree under Sections 9 to 13 is declined; it does not determine the scope of Section 25. (¶¶ 19, 23)
- Article 21, Constitution of IndiaDescribing a woman in a void marriage as an 'illegitimate wife' or 'faithful mistress', as a Bombay High Court Full Bench had done, violates her right to a dignified life under Article 21. (¶ 24)
Held
- A decree under Section 11 declaring a marriage void is a 'decree' within Section 25(1). The legislature drew no distinction between a decree of divorce and a decree of nullity, so a spouse of a void marriage may seek permanent alimony or maintenance under Section 25. The interpretation in Chand Dhawan v. Jawaharlal Dhawan and Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga was approved. (¶¶ 14, 17, 18, 19, 28)
- Entitlement under Section 25 does not depend on whether a bigamous marriage is moral or immoral; that observation in Rameshchandra Daga was irrelevant once a decree of nullity is held to be covered. (¶ 20)
- The right under Section 25 is available to both husband and wife, and principles governing the summary remedy under Section 125 CrPC (or Section 144 BNSS) do not apply to it. Yamunabai, Savitaben, Abbayolla Reddy and Navdeep Kaur did not support the contrary view, and the Bombay High Court Full Bench decision in Bhausaheb v. Leelabai is not correct law. (¶¶ 21, 22, 23, 24, 25)
- Calling a woman whose marriage is void an 'illegitimate wife' or 'faithful mistress' is misogynistic, offends her dignity and violates Article 21; no one may use such language. (¶ 24)
- Relief under Section 25 is discretionary and depends on the facts and the parties' conduct, so the court can refuse it where the applicant's conduct disentitles them. This answers the concern about abusive claims arising from void marriages. (¶ 28)
- Even if the court prima facie concludes that the marriage is void or voidable, it may grant maintenance pendente lite under Section 24 while a proceeding under the Act is pending, if the statutory conditions are met. The relief is discretionary, and the applicant's conduct is always considered. (¶¶ 27, 28)
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.