Supreme Court Grants Alimony Rights in Void Marriages
The Supreme Court of India has ruled that a spouse in a void marriage is entitled to seek permanent alimony and maintenance under the Hindu Marriage Act, 1955. The decision clarifies that even if a marriage is declared void, the affected spouse can still claim financial support, depending on the circumstances of the case.
Void marriages, as defined under Section 11 of the Act, include those where one or both parties were already married at the time of the wedding, or if the marriage was between individuals within prohibited degrees of relationship. The court emphasized that the right to seek alimony under Section 25 is discretionary and depends on the facts of each case.
A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih stated that the objective of the ruling is to ensure financial protection for individuals, particularly women, who may be left vulnerable after their marriage is declared invalid. The court also criticized the use of terms like “illegitimate wife” in legal discourse, stating that such terminology is inappropriate and affects the dignity of women.
The ruling aligns with past decisions aimed at protecting the rights of individuals in marital disputes. Legal experts believe this decision will provide much-needed clarity for lower courts and ensure financial stability for those affected by void marriages. The judgment reinforces the principle that laws must adapt to social realities and protect vulnerable individuals from financial hardship.
