Sukhdev Singh vs Sukhbir Kaur (2025) - Case Analysis

Why in the Spotlight? - Sukhdev Singh vs Sukhbir Kaur (2025)

The case of Sukhdev Singh vs Sukhbir Kaur (2025) gained attention due to the complexity of the questions it acknowledged regarding the entitlement of alimony and maintenance in the context of void marriages. The case was in the spotlight as it involved important questions of financial rights of spouses and interpretation of significant provisions under Hindu Marriage Act. Discover more in-depth analyses of important Supreme Court decisions by exploring Recent Judgments.

Introduction of Sukhdev Singh vs Sukhbir Kaur (2025)

The recent case of Sukhdev Singh vs Sukhbir Kaur (2025) has drawn significant attention due to its important role in the interpretation of the application of Sections 24 and 25 of Hindu Marriage Act in cases where a marriage is declared void under Section 11. The primary issue in this case centred around whether a spouse in a void marriage is entitled to claim permanent alimony and interim maintenance. The 3-Judge Bench of the Supreme Court comprising Justice Abhay S. Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih was constituted to examine conflicting judicial opinions on this matter, leading to a landmark decision that explained the scope of maintenance and alimony claims even in the absence of a legally valid marriage.

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Historical Context and Facts of Sukhdev Singh vs Sukhbir Kaur (2025)

The case at hand revolves around the interpretation of Section 24 and Section 25 of Hindu Marriage Act 1955 specifically in connection to whether a spouse of a marriage declared void under Section 11 is entitled to claim permanent alimony and maintenance. The case has been referred to a 3-Judge Bench due to conflicting judicial opinions on the applicability of these provisions in such cases. The following are the brief facts of the case of Sukhdev Singh vs Sukhbir Kaur -

Case Reference and Bench Order

The order dated 22nd August, 2024 referred the matter to a 3-Judge Bench and considered conflicting opinions regarding the applicability of Section 24 and Section 25 of the Hindu Marriage Act 1955 regarding whether alimony can be granted in cases where the marriage has been declared void.

Judgments in Favor of Granting Alimony:

• Chand Dhawan v. Jawaharlal Dhawan (1993)
• Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005)

Judgments Against Granting Alimony:

• Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav & Another (1988)
• Abbayolla Reddy v. Padmamma (1999)
• Navdeep Kaur v. Dilraj Singh (2003)
• Bhausaheb @ Sandhu s/o Raguji Magar v. Leelabai w/o Bhausaheb Magar (2004)
• Savitaben Somabhai Bhatiya v. State of Gujarat & Others (2005)

Counsel for the Appellant (Husband)

• Void Marriages and Alimony: The counsel of the Appellant contended that the marriage once declared void does not exist under the law. As a result, the spouse should not be entitled to alimony under Section 25 of Hindu Marriage Act as they are not considered a legitimate spouse.
• Void Marriages involving Incest or Bigamy: The Counsel highlighted that void marriages may involve parties who knowingly contravene marriage laws such as bigamous unions and questioned whether such individuals should be entitled to maintenance.
• Legal Precedents: The counsel of the Appellant referred to Bhausaheb @ Sandhu and contended that an illegitimate wife cannot be equated to a divorced wife under Section 25 as a void marriage is not recognized in law.

Counsel for the Respondent (Wife)

• Support for Alimony: The Counsel of the Respondent supported the judgments in Chand Dhawan and Rameshchandra Rampratapji Daga and highlighted that such cases correctly interpret Section 25 and argued that alimony is a special provision aimed at supporting women, as provided by Article 15 (3) of Indian Constitution.
• Gender Justice: The counsel also stated that Section 25 was designed to safeguard the financial interests of the women.

Issue addressed in Sukhdev Singh vs Sukhbir Kaur (2025)

The following issues were addressed in Sukhdev Singh vs Sukhbir Kaur are as follows -

• Can a Spouse of a Void Marriage Claim Permanent Alimony under Section 25 of the Hindu Marriage Act: Whether the spouse of a marriage declared void under Section 11 can claim permanent alimony and maintenance?
• Can a Spouse Seek Maintenance Pendente Lite in a Petition for Void Marriage under the Hindu Marriage Act: Whether maintenance pendente lite under Section 24 is available in a petition filed for declaring a marriage void under Section 11 of the Hindu Marriage Act?

Legal Provisions involved in Sukhdev Singh vs Sukhbir Kaur (2025)

Section 5, Section 11, Section 24 and Section 25 of Hindu Marriage Act played a significant role in the case of Sukhdev Singh vs Sukhbir Kaur. The following are the analysis of these provisions-

• Section 5 of Hindu Marriage Act: Conditions for a Hindu Marriage

It provides conditions such as the age, mental capacity and prohibited relationships required for a valid Hindu marriage.

• Section 11 of Hindu Marriage Act: Void Marriages 

A marriage is considered void if it contravenes the conditions mentioned in Section 5 such as having a living spouse or being within a prohibited degree of relationship.

• Section 24 of Hindu Marriage Act: Maintenance Pendente Lite and Expenses of Proceedings

The provision allows a spouse with no independent income to seek maintenance and expenses during proceedings under the Hindu Marriage Act.

• Section 25 of Hindu Marriage Act: Permanent Alimony and Maintenance

The provision provides for permanent alimony and maintenance to either spouse after a decree and considering factors like the income, conduct of the parties and other circumstances.

Judgment and Impact of Sukhdev Singh vs Sukhbir Kaur (2025)

On 12th February, 2025, the 3-Judge Bench of the Supreme Court comprising Justice Abhay S. Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih in Sukhdev Singh vs Sukhbir Kaur explained that even if a marriage is declared void under Section 11 of Hindu Marriage Act 1955, the spouse is still entitled to claim permanent alimony or maintenance under Section 25 of the Hindu Marriage Act. 

The Court highlighted that the allowing such relief is discretionary and depends on the particular facts and conduct of the parties involved in the matter. The Court also noted that interim maintenance can be awarded under Section 24 of Hindu Marriage Act even if the marriage is declared void but as long as the conditions for interim relief are met and the court acknowledges the conduct of the requesting party.

The decision in Sukhdev Singh vs Sukhbir Kaur came in response to conflicting issues in earlier Supreme Court decisions regarding whether a spouse can claim maintenance after a marriage has been declared void. The Court dismissed the argument that the term “any decree” in Section 25 should exclude decrees declaring a marriage void. It ruled that a decree of nullity under Section 11 qualifies as a decree under Section 25 and allows a claim for permanent alimony.

Conclusion

In Sukhdev Singh vs Sukhbir Kaur (2025), the Supreme Court held that a spouse whose marriage has been declared void under Section 11 of Hindu Marriage Act is still entitled to claim permanent alimony and interim maintenance under Section 24 and Section 25 of the Hindu Marriage Act.