Calcutta High Court upheld interim maintenance granted to a Hindu woman who married a Muslim man under Islamic rites. It noted Supreme Court of India ruling that a Muslim husband must pay maintenance until a competent court declares marriage void.
The Calcutta High Court affirmed an order granting interim maintenance by a magistrate court to a Hindu woman. The woman had married the man concerned under Muslim rites and customs.
The High Court observed that the Supreme Court has held that a Muslim husband is required to pay maintenance to his wife until a competent court declares the marriage void.
The dispute arose after the wife alleged desertion and domestic violence by her husband. She then approached the magistrate’s court in the Paschim Bardhaman district, which granted her interim maintenance of Rs 5,000 and Rs 4,000 for her minor son.
However, in February 2024, a revisional court set aside the magistrate’s interim maintenance order on a petition filed by the husband.
Justice Chaitali Chatterjee (Das) held that the revisional court had failed to exercise its judicial mind and had not properly considered the legal principles governing maintenance.
The High Court said the revisional order was based on Only on mere technicalities, noting that,
“ It practically frustrates the object of enacting the provision for social justice, especially to women and children and therefore is liable to be set aside”.
Accordingly, setting aside the order of the Additional Sessions Judge 3rd Court at Asansol in Paschim Bardhaman, Justice Chatterjee (Das) upheld the magistrate’s grant of interim maintenance.
The High Court directed the opposite party to pay the interim maintenance amounts as ordered by the magistrate.
The judge further noted that the Supreme Court has observed that even an unlawful marriage may continue to subsist, and that the Muslim husband remains liable to provide maintenance to his wife until a competent court declares the marriage void.
Referring to earlier decisions, Justice Chatterjee (Das) also noted that another ruling under Muslim law recognizes “there are three types of marriage valid, irregular and void. A marriage between a Muslim man and a Hindu lady is only irregular (fasid) and not void (batil).”
The High Court held that, at least at the preliminary stage, the wife could rely on the marriage registration certificate and the child’s birth certificate, and that the husband could not rebut this material with only a denial or any other non-cogent evidence.
The High Court concluded that there was no basis to discard this position at the initial stage, and therefore the magistrate was correct in granting interim maintenance.
The dispute started when the woman approached a magistrate’s court in Paschim Bardhaman, alleging that her husband had deserted her and subjected her to domestic violence. After considering her allegations, the magistrate granted her interim maintenance of Rs 5,000 per month for herself and Rs 4,000 per month for her minor son.
The husband then filed a challenge against the order. In February 2024, the revisional court at Asansol accepted the husband’s plea and overturned the magistrate’s decision. Following this, the woman moved the Calcutta High Court to contest the revisional court’s reversal.