🧾 Introduction

In a significant ruling reinforcing the rights of women in matrimonial disputes, the Supreme Court of India in Smt. Dhanlaxmi v. State of Rajasthan (2025 INSC 196) has held that a woman is entitled to permanent alimony under Section 25 and interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA), even if the marriage is declared void under Section 11.

This judgment reiterates the principle that matrimonial reliefs such as maintenance cannot be denied merely due to technical invalidity of marriage, provided statutory conditions are satisfied.

⚖️ Case Background

• The petitioner, Smt. Dhanlaxmi, approached the Court seeking interim maintenance under Section 24 and permanent alimony under Section 25 of the Hindu Marriage Act.
• The respondent contended that since their marriage was declared void under Section 11 of the HMA, the petitioner was not entitled to any such relief.
• The Family Court had previously dismissed her application for maintenance, stating that a void marriage does not entitle the woman to maintenance under Hindu law.

🧑‍⚖️ Supreme Court’s Observation & Ruling

The Supreme Court reversed the Family Court’s decision and held:

“A woman in a void marriage, though not a legally wedded wife, is not excluded from the scope of Section 25 and Section 24 of the HMA, provided she had entered the relationship in good faith.”

Key Legal Points:

1. Section 11 of HMA: Declares certain marriages void ab initio (e.g., bigamy, prohibited degrees of relationship, etc.)
2. Section 24 – Interim Maintenance: Allows either spouse to seek interim maintenance during the pendency of proceedings.
3. Section 25 – Permanent Alimony: Empowers the court to grant permanent maintenance upon passing a decree under the Act.

The Court emphasized that the term “wife” in Section 25 includes a woman in a marriage that has been declared void, provided:

• She approached the court bona fide,
• She was not aware of the illegality at the time of marriage,
• She has no other adequate means of income.

📝 Significance of the Judgment

This judgment extends the protective arm of the law to women who may otherwise be left destitute due to technical nullity of their marriage.

The Court also clarified that social justice demands that such women not be deprived of their right to sustenance.

Comparative View:

• In Reema Aggarwal v. Anupam, (2004) 3 SCC 199, the Supreme Court held that even a woman in a void marriage can be treated as a “wife” for the purpose of claiming maintenance under Section 125 CrPC.
• This judgment builds upon such precedents in the context of matrimonial relief under personal law (HMA).

🔍 Implications for Family Law Practice

• Family Courts must consider maintenance applications on merits and not dismiss them purely on the ground that the marriage is void.
• Women who have been wronged by deceit, such as concealment of a previous marriage, can now seek legal remedy and financial relief even if the marriage itself cannot be sustained.
• This strengthens access to justice for women in vulnerable matrimonial relationships.

📌 Conclusion

The decision in Smt. Dhanlaxmi v. State of Rajasthan sets a vital precedent in Hindu family law jurisprudence, ensuring that women in void marriages are not left remediless. It reinforces the principle that the spirit of matrimonial law under HMA is welfare-oriented and seeks to protect individuals who suffer due to deceit, abuse, or technical flaws in marital relationships.

📚 Relevant Provisions:

• Section 11, Hindu Marriage Act – Void marriages
• Section 24, Hindu Marriage Act – Maintenance pendente lite and legal expenses
• Section 25, Hindu Marriage Act – Permanent alimony and maintenance