The Supreme Court will consider whether alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955 can be granted when a marriage has been declared void. Due to inconsistent decisions on this issue, Justice Vikram Nath and Justice P.B. Varale have referred the case to a larger bench. The registrar has been asked to refer the case before Chief Justice of India DY Chandrachud for further orders.
Section 24 of the Hindu Marriage Act of 1955 authorizes interim maintenance during litigation, whereas Section 25 provides for permanent alimony. However, if a marriage is declared void under Section 11 due to bigamy, banned relationships, or Sapinda connections (as per Section 5), it is unclear if alimony can still be granted.
This issue has resulted in conflicting judgments. Cases such as Yamunabai Anantrao Shivram Adhav and Savitaben Somabhai Bhatiya v. State of Gujarat support alimony even in void marriages. In contrast, the rulings in Chand Dhawan v. Jawaharlal Dhawan and Rameshchandra Daga v. Rameshwari Daga contradict it. A three-judge bench of the Supreme Court will now settle the issue.
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