‘Illegitimate wife, faithful mistress’: SC rap for Bombay HC over misogynistic labels used in alimony case order

The Supreme Court on Wednesday castigated the Bombay high court for using the terms “illegitimate wife” and “faithful mistress” to describe a woman whose marriage had been annulled due to legal invalidity, calling such language “misogynistic” and an affront to dignity and constitutional ethos. The top court also settled a critical legal question, ruling that a spouse whose marriage has been declared void under the Hindu Marriage Act, 1955, is entitled to seek permanent alimony and interim maintenance from the other spouse. The judgment expressed deep dismay at the language used in a 2004 judgment by a full bench of the Bombay high court, which had described a woman from a void marriage as an “illegitimate wife” and a “faithful mistress” while dealing with a similar dispute and ultimately deciding against granting alimony. The judgment on Wednesday set aside the view taken by the Bombay high court, declaring that a spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the Act, depending on the facts of each case.