The Hindu Marriage Act, 1955, and the Code of Criminal Procedure (CrPC), 1973, provide crucial provisions for the grant of maintenance and alimony to spouses in matrimonial disputes. Specifically, Sections 11 and 25 of the Hindu Marriage Act, along with Section 125 of the CrPC, have been the subject of significant judicial interpretation, particularly in cases where a marriage is declared void. This article explores the legal position on whether a spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act can claim permanent alimony or maintenance under Section 25 of the Act, as well as interim maintenance under Section 24.

Key Provisions of the Hindu Marriage Act, 1955

1. Section 11 - Void Marriages:
   Section 11 declares certain marriages as void ab initio (null and void from the beginning) if they contravene the conditions specified in clauses (i), (iv), and (v) of Section 5. These include bigamous marriages, marriages within prohibited degrees of relationship, and marriages between sapindas (close relatives). A marriage declared void under Section 11 is treated as if it never existed in the eyes of the law.

2. Section 24 - Maintenance Pendente Lite and Expenses of Proceedings:
   Section 24 empowers the court to grant interim maintenance and litigation expenses to a spouse who has no independent income sufficient for their support during the pendency of proceedings under the Act. The grant of such relief is discretionary and depends on the financial circumstances of the parties and the conduct of the applicant.

3. Section 25 - Permanent Alimony and Maintenance:
   Section 25 allows the court to grant permanent alimony or maintenance to either spouse at the time of passing any decree (such as divorce, judicial separation, or annulment) or at any time thereafter. The court considers factors such as the income and property of both parties, the conduct of the parties, and other relevant circumstances. Like Section 24, the grant of relief under Section 25 is discretionary.

Judicial Interpretation: Maintenance in Void Marriages

The question of whether a spouse whose marriage has been declared void under Section 11 can claim maintenance or permanent alimony has been the subject of conflicting judicial opinions. The Supreme Court, in several landmark judgments, has clarified the legal position on this issue.

1. Entitlement to Permanent Alimony Under Section 25

In Chand Dhawan v. Jawaharlal Dhawan (1993) and Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005), the Supreme Court held that a spouse whose marriage has been declared void under Section 11 is entitled to claim permanent alimony or maintenance under Section 25. The Court interpreted the term "any decree" in Section 25 to include a decree of nullity under Section 11. The rationale behind this interpretation is that even in cases of void marriages, the financially dependent spouse should not be left destitute.

The Court emphasized that the grant of relief under Section 25 is discretionary and depends on the facts of each case, including the conduct of the parties. For instance, if a spouse knowingly enters into a bigamous marriage or conceals material facts, the court may deny the claim for maintenance.

2. Entitlement to Interim Maintenance Under Section 24

The Supreme Court has also held that even if a marriage is prima facie found to be void or voidable, the court is not precluded from granting interim maintenance under Section 24 during the pendency of proceedings. The conditions for granting interim maintenance are:

• The applicant must have no independent income sufficient for their support and the expenses of the proceedings.

• The court must consider the conduct of the applicant while exercising its discretion.

This ensures that a spouse is not left without financial support during the lengthy legal process of declaring a marriage void.

3. Conflicting Views and Clarifications

Some judgments, such as Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) and Savitaben Somabhai Bhatiya v. State of Gujarat (2005), took a contrary view, holding that a spouse in a void marriage is not entitled to maintenance under Section 125 of the CrPC. However, the Supreme Court clarified that these decisions are limited to the summary remedy under Section 125 of the CrPC and do not affect the rights under Section 25 of the Hindu Marriage Act.

The Bombay High Court, in Bhausaheb @ Sandhu s/o Raguji Magar v. Leelabai w/o Bhausaheb Magar (2004), used inappropriate language, referring to a spouse in a void marriage as an "illegitimate wife" or "faithful mistress." The Supreme Court strongly criticized this language, stating that it violates the dignity of women and is contrary to the ethos of the Constitution.

Key Takeaways

1. Permanent Alimony in Void Marriages:
   A spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act can claim permanent alimony or maintenance under Section 25. The grant of such relief is discretionary and depends on the facts of the case and the conduct of the parties.

2. Interim Maintenance in Void Marriages:
   Even if a marriage is prima facie void or voidable, the court can grant interim maintenance under Section 24 during the pendency of proceedings, provided the applicant meets the financial criteria and the court considers their conduct.

3. Discretionary Nature of Relief:
   Both Sections 24 and 25 use the word "may," indicating that the grant of maintenance or alimony is discretionary. The court can deny relief if the conduct of the applicant is found to be improper or if equitable considerations warrant such denial.

4. Distinction Between Section 25 and Section 125 of CrPC:
   The remedy under Section 25 of the Hindu Marriage Act is distinct from the summary remedy under Section 125 of the CrPC. While Section 125 applies to wives and children, Section 25 applies to both spouses and is available even in cases of void marriages.

Conclusion

The Hindu Marriage Act, 1955, provides a comprehensive framework for the grant of maintenance and alimony, even in cases where a marriage is declared void. The Supreme Court's interpretation of Sections 24 and 25 ensures that financially dependent spouses are not left without support, while also allowing courts to consider the conduct of the parties and the specific facts of each case. This balanced approach upholds the principles of equity and justice, ensuring that the law protects the vulnerable without encouraging misuse.