Introduction

• The case pertains to the legality of a Muslim marriage, with the woman filing a plea for maintenance from her husband.

Facts

• Bismillah Begum (respondent) sought maintenance for herself and her minor daughter under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) against Chand Patel (appellant).
• Respondent claimed to be legally married to Appellant for eight years, with their union producing a daughter, Taheman Bano.
• Respondent categorically admitted that the appellant herein was already married to her elder sister, Mashaq Bee, and that the appellant, with the consent of his first wife married the respondent and a Nikahnama was also executed but the same had been misplaced.
• However, their domestic harmony waned, leading respondent to seek financial support in the form of maintenance due to neglect.
• The appellant disputed the marriage, asserting that no such union occurred.
• Despite his denial, the Trial Court found the case in favor of respondent, confirming her status as appellant's wife and Taheman Bano as their daughter.
• The court ordered appellant to pay Rs. 1,000 monthly for respondent 's maintenance and the daughter until adulthood.
• Unyielding, appellant challenged the decision in the District Court, which upheld the Trial Court's verdict.
• Appellant 's final attempt was an application under Section 482 CrPC in the High Court.
  • However, the HC bench concurred with the lower courts, affirming respondent's marital status and the need for maintenance.

Issue Involved

• Whether a marriage performed by a Muslim man with his wife’s sister during the lifetime of his wife will constitute a valid marriage or irregular marriage and its implication on the provision of maintenance?

Observation

• The Supreme Court, in this case, deemed it essential to clarify the legal status of the marriage between the respondent and the appellant as it would be the key factor to the right of maintenance.
• The Court also relied on the case of Tajbi Abalal Desai v. Mowla Alikhan Desai (1917), where it was held that such marriages are irregular and not void because such marriages could become lawful in case of death or divorce of the first wife reducing it to a lawful marriage and after considering various judgments of HCs and related provision the bench agreed with the rationale of Tajbi Abalal Desai v. Mowla Alikhan Desai (1917) case.
• The Court held that the irregular conjunction and/or marriage between the appellant and respondent continues to subsist not having been declared void by any competent forum and accordingly, the respondent is entitled to maintenance under Section 125 of the CrPC.
• The court held that there is no reason to interfere with the order passed HC and other lower courts.

Conclusion

• The appeal was accordingly dismissed by the SC.
• Court held that appellant shall pay to the respondent all the arrears of maintenance, within a period of six months from the date of this Judgment and will also go on paying the current maintenance with effect from the month of March 2008.
  • In addition, the court also asked the appellant to pay to the respondent a sum of Rs. 10,000/- towards the cost of litigation.