Unproven divorce no excuse to evade wife's, child's maintenance: HC

The High Court (HC) on Thursday ruled that the maintenance of wife and minor children cannot be stopped on the pretext of a divorce that has not been proved or is not legally effective.

The court observed that a minor child's right to maintenance is not contingent upon any dispute between the parents over divorce, but is an independent and distinct legal right of the child.

The verdict was delivered by the single bench of Justice Abdur Rahman.

According to the case details, Sheikh Nazrul Islam of Bagerhat married Halima Khatun in 2011. In 2023, the wife, on behalf of herself and their minor son, filed a Family Court suit seeking dower and maintenance, as Nazrul stopped the maintenance of both claiming he had already divorced his wife. 

However, he failed to establish the divorce in accordance with the law before the Family Court. Consequently, the court passed a decree in favour of the wife and child, awarding dower and maintenance.

Nazrul later filed a separate suit claiming the divorce had taken effect and sought to stay execution of the maintenance decree on that basis. After the lower court rejected his application, he moved the High Court in 2023.

Advocate Md Shahidul Islam represented the husband, while Advocate Israt Hasan appeared for the wife, assisted by Advocates Tanzila Rahman and Ifat Hasan Shammi.

Speaking to reporters, Israt described the judgment as a landmark in family law.

She said the ruling made it clear that a husband cannot evade his legal obligation to maintain his wife or minor child by relying on a divorce that has not been established in accordance with the law. It also reaffirmed that the Family Court has exclusive jurisdiction over disputes relating to marriage, divorce, maintenance and other matrimonial matters.

"In my opinion, this judgment will serve as an important precedent in protecting the rights of women and children while ensuring the effective enforcement of final court decrees," she said.

On 22 June this year, the court issued a short order, with the full judgment published on Thursday.