In which of the following cases the Supreme Court held that even the wife of a void marriage is…
Chand Dhawan explains that section 25 alimony is ancillary to a substantive matrimonial decree, which may include a decree of nullity. Thus nullity does not itself exclude…
Choose your answer
In which of the following cases the Supreme Court held that even the wife of a void marriage is entitled to maintenance?
Answer and explanation
Correct answer C
Chand Dhawan explains that section 25 alimony is ancillary to a substantive matrimonial decree, which may include a decree of nullity. Thus nullity does not itself exclude the power to grant alimony. The actual dispute involved refusal of matrimonial relief and did not award every person in a void marriage an automatic maintenance entitlement; the question’s shorthand must be read as availability of the statutory remedy.
Current law: Sukhdev Singh v Sukhbir Kaur, 12 February 2025, resolves the reference: a party whose marriage is declared void under section 11 may seek section 25 alimony; section 24 interim maintenance may also be granted during pending proceedings even if a prima facie void marriage is found. Both remain discretionary and depend on the statutory conditions and conduct, rather than automatic entitlement.
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