Headline
The Supreme Court of India to determine if alimony can be allowed when marriage is declared void.
Summary
The Supreme Court of India will Scrutinize whether alimony can be provided under Sections 24 and Section 25 of the Hindu Marriage Act, 1955, in cases where a marriage is declared void. The issue has been handed over to a larger bench due to conflicting points of view and judgments on the matter.
Key Facts
- Case Name: Sukhdev Singh v. Sukhbir Kaur
- Name of Judges: Justices Vikram Nath and Justice PB Varale.
- The Supreme Court of India noted inconsistent and conflicting decisions relating to the grant of alimony when a marriage is declared void.
- The matter has been referred to a larger bench of three-judges by the Chief Justice of India.
Legal Insights
Sections 24 and 25 of the Hindu Marriage Act,1955 addresses interim and permanent alimony, respectively.The applicability of these Hindu Marriages Act sections when a marriage is declared void under Section 11 HMA is debated , leading to the current referral.
Impact
The coming decision of the Supreme Court could shed light on the law regarding alimony in void marriages, affecting many similar cases and giving consistent legal guidance.
Why It Matters
It is pivotal as it will resolve long-standing legal ambiguities, making sure that the rights of individuals in void marriages are consistently upheld across India.
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