SUKHDEV SINGH versus SUKHBIR KAUR

SUKHDEV SINGH versus SUKHBIR KAUR

A spouse of a marriage declared void under Section 11 of the Hindu Marriage Act is entitled to seek permanent alimony or maintenance under Section 25 of the Act because the 'decree' in s.25 includes decrees of nullity contemplated by Section 23; likewise, a court may grant maintenance pendente lite under Section 24 in proceedings seeking declaration under s.11 provided a proceeding under the Act is pending and the applicant lacks independent income; both remedies are discretionary and depend on the facts and conduct of the parties.

Parties
Appellant: Sukhdev Singh; Respondent: Sukhbir Kaur
Jurisdiction
India
Judgment Date
12 February 2025
Procedural Posture
Civil Appeal / Reference to Three Judge Bench Answered; Appeals to Be Placed Before Appropriate Bench for Decision on Merits
Outcome
Reference answered in favour of permitting spouses of void marriages to seek relief under ss.25 and 24 as explained; appeals to be placed before appropriate Bench for decision on merits.
Legal Topics
Void Marriage, Permanent Alimony, Maintenance Pendente Lite, Section 25 HMA, Section 24 HMA, Meaning of Decree Under S.25
Hindu Marriage Act, 1955 Family Law Constitution of India Code of Criminal Procedure, 1973 Void Marriage Permanent Alimony Maintenance Pendente Lite Section 25 HMA +2 more

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Parties

Sukhdev Singh

Appellant

Sukhbir Kaur

Respondent

Procedural Posture

Civil Appeal / Reference to Three Judge Bench Answered; Appeals to Be Placed Before Appropriate Bench for Decision on Merits

Legal Issues

  1. 1 Whether a spouse of a marriage declared void under s.11 HMA is entitled to claim permanent alimony under s.25 HMA
  2. 2 Whether maintenance pendente lite under s.24 HMA can be granted in a petition seeking declaration under s.11 HMA
  3. 3 Meaning of ‘decree’ in s.25 with reference to s.23 HMA

Ratio Decidendi

A spouse of a marriage declared void under Section 11 of the Hindu Marriage Act is entitled to seek permanent alimony or maintenance under Section 25 of the Act because the 'decree' in s.25 includes decrees of nullity contemplated by Section 23; likewise, a court may grant maintenance pendente lite under Section 24 in proceedings seeking declaration under s.11 provided a proceeding under the Act is pending and the applicant lacks independent income; both remedies are discretionary and depend on the facts and conduct of the parties.

Court Disposition

Reference answered in favour of permitting spouses of void marriages to seek relief under ss.25 and 24 as explained; appeals to be placed before appropriate Bench for decision on merits.

Orders

  • Reference to Three Judge Bench answered.
  • Registry directed to place these appeals before the appropriate Bench for decision on merits.