Can a woman in a void marriage claim maintenance under section 24 of the Hindu Marriage Act of India, or has the supreme court of India stated that a woman in that situation may do so in any judgment?
The HC division bench, comprising Justice Rakesh Kumar Jain and Justice Harnaresh Singh Gill had held in a matter while hearing the woman's petition.
The Punjab and Haryana High Court has ruled that a woman will be entitled to permanent alimony from her former husband even if their marriage has been held to be legally void under the Hindu Marriage Act even on a ground like subsistence of previous marriage.
“The appellant would be entitled to permanent alimony under Section 25 of the Act dehors the fact that the decree has been passed under Section 11 of the Act,” the division bench of Justices Rakesh Kumar Jain and Harnaresh Singh Gill has said in the verdict in which the husband’s plea for divorce was allowed in 2015 on the ground that his wife was already having a spouse of previous marriage when their marriage was solemnized in June 2012.
Section 25 of the Act provides courts the power to order permanent alimony or maintenance under the Act and Section 11 of the Act allows the courts to declare any marriage null and void in case it is found that any of the spouses was already married at time of marriage or are blood relatives in direct line of descent.