Oct 2024: Supreme Court to Decide if Alimony Can Be Granted in Void Marriages Under Hindu Marriage Act
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In a significant legal development, the Supreme Court of India is set to address a critical question on October 3, 2024: whether alimony can be granted in cases where a marriage has been declared void under the Hindu Marriage Act of 1955. This issue arises due to conflicting rulings from various courts across India regarding the application of Sections 24 and 25 of the Act, which typically govern alimony and maintenance.
The Court's decision to refer the matter to a three-judge bench comes after acknowledging the divide in judicial opinions. On one hand, landmark rulings like Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) and Savitaben Somabhai Bhatiya v. State of Gujarat (2005) have upheld the granting of alimony in cases of void marriages. On the other hand, cases like Chand Dhawan v. Jawaharlal Dhawan (1993) have opposed this stance.
This case, titled Sukhdev Singh v. Sukhbir Kaur, will now be placed before the Chief Justice for further deliberation by the three-judge bench, which will aim to resolve the inconsistencies and provide clarity on this critical issue.
This ruling could have far-reaching implications, particularly for individuals involved in marriages deemed void due to reasons like bigamy or prohibited relationships. The Court’s decision will impact how alimony is calculated and granted in such cases moving forward