IMPORTANT POINTS
(1) Alimony – A spouse whose marriage has been declared void under Section 11 of Hindu Marriage Act, 1955 is entitled to seek permanent alimony or maintenance from other spouse by invoking Section 25 of Hindu Marriage Act, 1955.
(2) Entitlement under Section 25 does not depend on whether bigamous marriage is moral or immoral – Remedy under Section 25 of Hindu Marriage Act, 1955 is completely different from remedy under Section 125 of Cr.P.C.

JUDGMENT :

ABHAY S. OKA, J.

ISSUE REFERRED

1. The reference to a Bench of the three Hon’ble Judges has been made by the order dated 22nd August 2024 of this Court, which reads thus:

“Learned counsel appearing for the parties state at the Bar that these matters need to be considered by a Three Judge Bench combination as there are conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, whether alimony can be granted where marriage has been declared void.

Following are the judgments in favour of granting alimony :-

Following are the judgments against granting alimony :-

Accordingly, let the papers be placed before Hon’ble the Chief Justice of India for passing appropriate orders.”

RELEVANT PROVISIONS OF LAW

2. Before we refer to the submissions made across the Bar, it will be necessary to briefly refer to the provisions of the Hindu Marriage Act, 1955 (for short, ‘the 1955 Act’). Section 5 deals with the conditions for a Hindu marriage, which reads thus:

“5. Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of

mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity;

(iii) the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;” (emphasis added)

3. The 1955 Act deals with void marriages and voidable marriages. Section 11, which deals with void marriages, reads thus:

“11. Void marriages. — Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.”

4. The 1955 Act contemplates the filing of the following categories of petitions for grant of different reliefs:

a. A petition seeking relief of restitution of conjugal rights in accordance with Section 9;

b. A petition seeking relief of judicial separation in accordance with Section 10;

c. A petition seeking a declaration that a marriage is void in accordance with Section 11;

d. A petition for annulment of a marriage on the ground that it is voidable in accordance with Section 12;

e. A petition seeking a divorce in accordance with Section 13; and

f. A petition seeking divorce by mutual consent in accordance with Section 13B.

5. We are called upon to interpret Sections 24 and 25 of the 1955 Act, which read thus:

“24. Maintenance pendente lite and expenses of proceedings.—Where in any proceeding