Last Updated on September 7, 2024 by NewsDesk SLC
On the Supreme Court on Thursday ( Sep 5), a three-judge bench of Justice Abhay S. Oka, Justice Ahsan Uddin Amanullah, and Justice Augustine George Masih posted the issue of whether alimony can be granted under the Hindu Marriage Act, 1955 when a marriage has been declared void for hearing on Oct 3, 2024.
Directed the parties to file written submissions and compilation of judgments they will rely upon.
A decision must be made on this crucial issue. The matter was brought to the top of the board when the bench noted, “This will happen in some cases.” On the grounds that the attorney assigned to represent the respondent is unable to appear, the respondent is requesting more time. To file brief written responses and copies of the decisions cited, we permit the learned counsel four weeks. Order pronounced by Justice Oka: “List on October 3 at the beginning of the list.”
Due to divergent interpretations with the assistance of previous department benches, the 3-judge bench was tasked with handling this case after it was referred by a division bench in August. The meaning of HMA Sections 24 and 25 is at issue in this instance. While permanent alimony and protection are covered by Section 25, Section 24 provides for a break in protection during the course of a divorce dispute. The question is whether these provisions can be used if Section 11 of the HMA declares a marriage invalid.
If there is any possibility of bigamy, or if the spouses fall into the forbidden dating categories or are spindles as defined by Section 5 of the Act, the marriage may be deemed null and invalid under Section 11 of the HMA. Judges Vikram Nath and PB Varale’s department bench brought up the fact that different courts had rendered contradictory rulings regarding this matter, which led to the formation of a bigger bench. To resolve the issue, it was crucial to determine where a three-choice bench was located.
