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SC bench directed that the case be placed before the CJI for forming a three judge bench as there were conflicting judgments by two-judge bench
The Supreme Court has decided to settle an issue whether alimony can be granted even in a case where the marriage has been declared as void.
A bench of Justices Vikram Nath and Prasanna Bhalachandra Varale directed that the issue be placed before the Chief Justice of India for issuing appropriate directions so that it can be posted before a three judge bench.
In a matter, counsel appearing for the parties stated at the Bar that these matters need to be considered by a three judge bench combination as there are conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 whether alimony can be granted where marriage has been declared void.
The court also listed the judgments in favour of granting alimony : Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav & Another (1988), Abbayolla Reddy Vs. Padmamma (1999), Navdeep Kaur Vs. Dilraj Singh (2003), Bhausaheb @ Sandhu S/o Raguji Magar Vs. Leelabai W/o Bhausaheb Magar (2004), Savitaben Somabhai Bhatiya Vs. State of Gujarat & Others (2005).
The judgments against granting alimony are Chand Dhawan Vs. Jawaharlal Dhawan (1993) and Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga (2005).
Advocates Rajesh Aggarwal and others appeared for appellant Sukhdev Singh in the instant case, while senior advocate Mahalakshmi Pavani, and advocate Naresh Kumar represented respondent Sukhbir Kaur.
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