The court also said that it will always depend on the facts of the case and the conduct of the parties whether permanent alimony can be awarded or not. Granting relief under Section 25 is always a matter of judicial discretion.
The Supreme Court on Wednesday gave a verdict, stating that even if a marriage is declared void under the Hindu Marriage Act (HMA) 1955, either of the parties can claim interim maintenance and permanent alimony. The Supreme Court also objected to the use of words like illegal wife in a decision of the Bombay High Court. Calling it discriminatory against women and very unfair.
“If a marriage is declared void under Section 11 of the 1955 Act, either of the parties to the marriage has the right to claim permanent alimony or maintenance under Section 25 of the Act,” a bench of Justices A.S. Oka, Ahsanuddin Amanullah and Augustine George Masih said.
The court also said that it will always depend on the facts of the case and the conduct of the parties whether permanent alimony can be awarded or not. Granting relief under Section 25 is always a matter of judicial discretion.
On the question of interim maintenance under the Hindu Marriage Act, the judgment said, “Even if a court finds the marriage of the two to be void or voidable, the court may grant interim maintenance under the 1955 Act till the final disposal of the ongoing case.”
It also said that while deciding interim relief under Section 24, the court will always take into account the conduct of the party who is seeking the relief. Because granting relief is always dependent on judicial discretion.
Taking objection to the use of words like illegal wife, the Supreme Court said, “It is very improper to call a wife illegal when a marriage is declared void. This affects the dignity of the woman concerned. Unfortunately, the Bombay High Court used words like ‘illegal wife’.”
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