Supreme Court to Address Alimony Entitlement in Void Marriages Under Hindu Marriage Act

Last Updated on August 28, 2024 by Srijan Raj

The question of whether alimony can be awarded in cases where a marriage is declared void under Sections 24 and 25 of the Hindu Marriage Act, 1955 will be decided by the Supreme Court. The case was referred to a larger bench because of inconsistent rulings. Section 25 of the Hindu Marriage Act, 1955 provides for permanent alimony, while Section 24 allows interim maintenance during litigation. However, if a marriage is declared void due to bigamy, prohibited relationships, or Sapinda connections, it is unclear whether alimony can still be awarded. These decisions have resulted in contradictory rulings in cases like Yamunabai Anantrao Shivram Adhav and Savitaben Somabhai Bhatiya v. State of Gujarat and Chand Dhawan v. Jawaharlal Dhawan and Rameshchandra Daga v. Rameshwari Daga.