In a significant ruling with major social and legal implications on the community, the Calcutta High Court has held that a Muslim man cannot escape paying maintenance to a Hindu woman he married after allegedly converting to Islam merely by disputing the validity of the marriage, unless a competent court formally declares the marriage void.
The case arose after a woman from Paschim Bardhaman district accused her husband of desertion and domestic violence following their marriage under Muslim rites and customs. A magistrate court had granted interim maintenance of Rs 5,000 per month to the woman and Rs 4,000 for their minor son.
However, the order was later overturned by a revisional court in 2024 after the husband challenged the legality of the marriage.
Reversing that decision, Justice Chaitali Chatterjee Das strongly criticised the revisional court for relying on “mere technicalities” and ignoring the broader purpose of maintenance laws aimed at protecting women and children. The High Court observed that such an approach “frustrates the object of social justice.”
The court relied on earlier rulings of the Supreme Court, which held that a Muslim husband remains legally bound to provide maintenance until the marriage is declared void by a competent court.
Justice Chatterjee Das also referred to established principles under Muslim law, noting that marriages are categorised as valid, irregular and void. The court clarified that a marriage between a Muslim man and a Hindu woman is considered “irregular” (fasid) and not automatically void (batil).
The High Court further noted that the woman had submitted a marriage registration certificate and the child’s birth certificate, while the husband failed to produce any substantial evidence to disprove the relationship beyond a mere denial.
Restoring the magistrate’s order, the court directed the husband to continue paying interim maintenance to both the woman and the child. Agencies