A outstanding choice has been made by the Preeminent Court of India to handle the disputable address of whether divorce settlement can be granted beneath Areas 24 and 25 of the Hindu Marriage Act, 1955 (HMA) in cases where a marriage is invalidated. The issue, which has had a number of conflicting decisions within the past, has been heightened to the next court by a Division Seat comprising of Equity Vikram Nath and Equity PB Varale.
The Current Problem that Needs to be Addressed
The Hindu Marriage Act of 1955 incorporates arrangements for brief support (Area 24) and enduring divorce settlement (Area 25). Area 24 gives for transitory monetary back amid continuous legitimate debate between hitched couples, though Area 25 covers the granting of long-term spousal back and upkeep upon ask by one companion. Yet, there is disagreement among judges regarding whether these rules are relevant if a marriage is annulled according to Section 11 of the HMA.According to Section 11 of the HMA, a marriage can be invalidated if it includes bigamy, prohibited relationships, or close blood relatives as per Section 5 of the Act. The legal system has struggled to determine if a spouse in a void marriage can request alimony, resulting in conflicting decisions by different courts.
Conflicting Judgments
The Supreme Court has noted that there are conflicting decisions on this issue, which necessitated the referral to a larger bench. In its order, the Division Bench stated:
"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 ... Accordingly, let the papers be placed before Hon’ble the Chief Justice of India for passing appropriate orders."
Judgments Allowing Alimony in Void Marriages
Several judgments have supported the view that alimony can be granted even when a marriage is declared void. Notable among them are:
Judgments Opposing Alimony in Void Marriages
Conversely, some judgments have taken the stance that alimony should not be granted in cases where the marriage is void:
Judgments Opposing Alimony in Void Marriages
On the other hand, there are a few suppositions that contend against granting provision when the marriage is considered invalid.
In Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406, the Preeminent Court ruled that provision isn't substantial for void relational unions.
In Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga, (2005) 2 SCC 33, it was held that divorce settlement ought to not be granted in cases where the marriage is considered void.
Next Actions
Due to the differing opinions, the Supreme Court has found it essential to have the issue resolved by a bigger panel. The Court instructed the registry to present the case to the Chief Justice of India, DY Chandrachud, for necessary orders to form a bigger bench.
This decision from the Supreme Court highlights the need to address the legal uncertainty impacting many people, especially women, in marriages that are eventually deemed invalid. Anticipated ruling from the expanded panel will offer crucial guidance on the interpretation of Sections 24 and 25 of the Hindu Marriage Act in similar scenarios, potentially establishing a standard for upcoming cases concerning invalid marriages.
While waiting for more progress, the ruling by the expanded panel will certainly influence Indian matrimonial law, determining the rights and protections for individuals in null marriages.
TAGS: Supreme Court Alimony Void Marriage Hindu Marriage Act Sections 24 Maintenance Conflicting Judgments Larger Bench
