Matrimonial Law – Hindu Marriage Act, 1955 – Sections 24 and 25 – Spouse of a Void Marriage Entitled to Seek Maintenance – Discretionary Power of Court – Conduct of Parties Considered – Questions of Law Resolved by Three-Judge Bench – Appeal Referred to an Appropriate Bench for Merits Consideration

Constitution of India, 1950 – Article 15(3) The provision for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955, is a special provision for women and does not violate Article 15(3). The right to seek maintenance under Section 25 is available to both spouses, irrespective of whether the marriage is valid, void, or voidable.

Hindu Marriage Act, 1955 – Sections 5, 11, 24, and 25 A spouse whose marriage has been declared void under Section 11 is entitled to seek permanent alimony and maintenance under Section 25. The phrase "any decree" in Section 25 includes a decree of nullity under Section 11, and the right to seek maintenance does not depend on the validity of the marriage. The discretion of the court plays a crucial role in granting maintenance, taking into account the conduct of the parties and other relevant factors. Section 24 permits the grant of maintenance pendente lite even in cases where the marriage is prima facie void or voidable, provided the conditions under the section are satisfied.

Code of Criminal Procedure, 1973 (CrPC) – Section 125 The right to maintenance under Section 125 of CrPC operates independently and does not affect the rights conferred under Section 25 of the Hindu Marriage Act, 1955. While Section 125 provides a summary remedy, Section 25 allows for a more detailed adjudication based on the facts and conduct of the parties.

Ratio Decidendi:

a. The Supreme Court affirmed the view taken in Chand Dhawan v. Jawaharlal Dhawan (1993) 3 SCC 406 and Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005) 2 SCC 33, confirming that Section 25 applies to decrees of nullity under Section 11.
b. The court disapproved the view in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530, which held that spouses of void marriages are not entitled to maintenance under CrPC.
c. The Supreme Court deprecated the terminology "illegitimate wife" and "faithful mistress" used in previous judgments and emphasized that such terms violate the dignity of women under Article 21 of the Constitution.

Decision:

a. The Supreme Court held that Section 25 applies to void marriages, and a spouse can seek permanent alimony at the discretion of the court.
b. The power to grant maintenance pendente lite under Section 24 is also applicable in pending proceedings where the marriage is void or voidable.
c. The case was directed to be placed before an appropriate Bench for decision on merits.