CHAND PATEL versus BISMILLAH BEGUM AND ANR.

CHAND PATEL versus BISMILLAH BEGUM AND ANR.

A marriage by a Muslim man with his wife's sister, while the earlier marriage subsists, is irregular (fasid) and not void (batil) under Muslim law; such marriage subsists until declared void by competent court. Therefore, the wife and child from such a wedlock are entitled to maintenance under s.125 Cr.P.C. until such a declaration is made.

Parties
Appellant: Chand Patel; Respondent No.1: Bismillah Begum; Respondent No.2: Taheman Sano
Jurisdiction
India
Judgment Date
14 March 2008
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Maintenance, Muslim Personal Law, Unlawful Conjunction, Irregular Marriage
Family Law Criminal Law Maintenance Muslim Personal Law Unlawful Conjunction Irregular Marriage

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Parties

Chand Patel

Appellant

Bismillah Begum

Respondent No.1

Taheman Sano

Respondent No.2

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a marriage by a Muslim man with his wife's sister, while the first marriage is subsisting, is void or irregular under Muslim law and whether wife and child from such wedlock may claim maintenance under s.125 Cr.P.C.

Ratio Decidendi

A marriage by a Muslim man with his wife's sister, while the earlier marriage subsists, is irregular (fasid) and not void (batil) under Muslim law; such marriage subsists until declared void by competent court. Therefore, the wife and child from such a wedlock are entitled to maintenance under s.125 Cr.P.C. until such a declaration is made.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay all arrears of maintenance within six months from date of judgment.
  • Appellant to continue current maintenance from March 2008 onwards.