Hindu Marriage Act, 1955
Section 24—Applicability of Section—Conditions for—Conditions for applicability of Section 24 are: (i) There must be a proceeding under the 1955 Act pending and (ii) the court must come to a conclusion that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding.
[Paras 27 & 28]
Section 24—Maintenance pendente lite—Void or voidable marriage—Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the Hindu Marriage Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Sec. 24 of the Hindu Marriage Act are satisfied—While deciding the prayer for interim relief under Sec. 24 of the Act, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Sec. 24 is always discretionary.
[Para 29]
Section 25—Permanent alimony—Entitlement—A spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the Act—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—Grant of relief under Section 25 of the 1955 Act is always discretionary.
[Para 29]