The Supreme Court recently held that a spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act 1955, is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. However, the bench of Justices AS Oka, Ahsanuddin Amanullah and AG Masih cautioned that whether such a relief of permanent alimony can be granted or not "always depends on the facts of each case and the conduct of the parties since grant of relief under Section 25 is always discretionary." The top court observed court while examining the relationship between Section 11 of the Act, which deals with the declaration of void marriages, and Section 25, which grants courts the authority to order permanent alimony or maintenance. ‘Misogynistic’: Supreme Court Raps Bombay High Court for Using ‘Illegitimate Wife’ and ‘Faithful Mistress’ in Order Against Woman.

SC on Maintenance

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