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Supreme Court of India 2025-02-12 disposed

Sukhdev Singh vs Sukhbir Kaur

Bench: 3 — Abhay S Oka, Ahsanuddin Amanullah, Augustine George Masih

In Brief

The Supreme Court clarified that spouses in void marriages declared null under Section 11 of the Hindu Marriage Act, 1955 can seek permanent alimony under Section 25 of the Act, and may seek interim maintenance (pendente lite) under Section 24 during pending proceedings. The Court held that the word "decree" in Section 25 encompasses all decrees under Sections 9-13, including nullity decrees. Relief is discretionary and depends on facts and parties' conduct. The Court rejected earlier decisions limiting such relief, emphasizing that denying maintenance renders financially dependent spouses destitute and violates their dignity under the Constitution. Even suspected void or voidable marriages qualify for interim maintenance if statutory conditions are met.

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Hindu Law Family Law Matrimonial Law Alimony and Maintenance Void Marriages Marital Status Constitutional Law Women's Rights Discretionary Relief

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