Court affirms interim maintenance order despite challenges to marriage legitimacy under Section 125 Cr.P.C.
In a significant judgment, the Calcutta High Court reaffirmed the rights of a woman and her child to receive interim maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.), despite disputes over the legitimacy of her marriage. The court, presided by Justice Chaitali Chatterjee Das, set aside an earlier order by the Additional Sessions Judge, which had dismissed the maintenance awarded by the Magistrate.
The case involves Bonoshree Hazra, also known as Bonoshree Hazra Mollah, who filed for maintenance for herself and her minor son against her estranged husband, who contested the legality of their marriage and the paternity of the child. The petitioner claimed that she converted to Islam and married the opposite party under Muslim rites in 2016, with a registered marriage certificate and a child born from the union.
The opposite party argued that there was no valid marriage and denied paternity, requesting a DNA test. The revisional court had initially ruled against the petitioner, questioning her religious conversion and marriage legitimacy, but the High Court found this approach contrary to the principles of social justice embedded in Section 125 Cr.P.C.
Justice Das emphasized that under Muslim law, a marriage disputed as irregular but not declared void by a competent court does not negate the right to maintenance. The judgment cited precedents like Chand Patel v. Bismilla Begum and Mohammed Salim v. Shamsudeen, affirming that even in cases of irregular marriages, maintenance is warranted unless a marriage is legally annulled.
The court underscored the welfare of the child as a paramount consideration, reinforcing that children from disputed marriages are entitled to maintenance. The judgment also criticized the revisional court for not applying judicial mind and focusing on technicalities, which could undermine the law's intent to provide social justice, particularly for women and children.
The Calcutta High Court's decision reinstates the Magistrate's interim maintenance order, directing the opposite party to comply and expedite proceedings. This ruling is seen as a reaffirmation of legal support for vulnerable parties in familial disputes, ensuring protection and sustenance under the legal framework.
Bottom Line:
Section 125 Cr.P.C provides for maintenance to a legally married wife, including children born out of the marriage, irrespective of the legitimacy or the status of marriage (valid or irregular).
Statutory provision(s): Section 125 Cr.P.C, Section 482 Cr.P.C, Section 498A IPC
Bonoshree Hazra @ Mollah v. State Of West Bengal, (Calcutta) : Law Finder Doc id # 2900988
