The High Court has published its verdict ruling that claims of divorce that are not legally proven or effective cannot prevent the enforcement of decrees for maintenance and dower in favour of a wife and minor child.
Supreme Court lawyer Ishrat Hasan, who represented the petitioner, confirmed the publication of the verdict on Thursday.
The judgment, signed by the single-member High Court bench led by Justice Abdur Rahman, states that an unproven or legally ineffective divorce has no legal effect and cannot obstruct the execution of decrees for maintenance or dower.
The court also held that a minor child's right to maintenance is an independent legal right and is not contingent on any dispute between the parents over divorce.
According to the judgment, the filing of a fresh lawsuit alone cannot suspend the enforcement of a final decree. Unless a competent court stays the decree, it remains enforceable, and the execution court is legally bound to implement it.
The High Court further observed that an execution court is responsible only for enforcing an existing decree. It cannot determine whether a divorce is legally valid or whether the marital relationship continues, nor can it adjudicate disputes beyond the scope of the decree.
Reaffirming the jurisdiction of family courts, the judgment said disputes relating to marriage, divorce, dower, maintenance, and restitution of conjugal rights fall exclusively within the jurisdiction of the family court.
The court also observed that if a previously claimed divorce is later found to be legally ineffective and the husband wishes to dissolve the marriage, he may initiate a fresh divorce in accordance with the law. However, such a step does not relieve him of liabilities arising from an existing decree for maintenance and dower.
The judgment reinforces three key legal principles: the legal validity of a divorce must be established in accordance with the law; a minor child's right to maintenance is an independent legal right; and filing a new case cannot delay or obstruct the enforcement of a final decree.
Commenting on the verdict, Supreme Court lawyer Ishrat Hasan said: “In my opinion, this judgment will serve as an important precedent for protecting the rights of women and children and ensuring the effective enforcement of final court judgments.”
According to the case history, the couple married in 2011. The wife later filed a case in a family court seeking dower and maintenance for herself and their minor daughter.
During the proceedings, the husband claimed he had already divorced his wife. However, he failed to prove the divorce in accordance with the law. The family court subsequently awarded a decree in favour of the wife and child.
The husband later filed a separate declaratory suit claiming the divorce had taken effect and sought to stay the execution of the maintenance decree. After the lower court rejected the application, he moved to the High Court.
The High Court dismissed the rule, upheld the lower court's order, and directed the husband to pay the outstanding dower along with all arrears of maintenance owed to his wife and minor child.
Supreme Court lawyer Md Shahidul Islam represented the husband, while Supreme Court lawyer Ishrat Hasan appeared for the wife. She was assisted by Supreme Court lawyers Tanzila Rahman Jui and Ifat Hasan Shammi.