The Madhya Pradesh High Court’s Indore bench has delivered an important ruling in a case involving allegations of hiding religious identity before marriage and later harassment. The court ordered a Muslim man to pay ₹20,000 per month as maintenance to his wife and minor daughter.
Court Says Maintenance Cannot Be Denied Over Marriage Dispute
While setting aside a family court order, Justice Gajendra Singh observed that a woman cannot be denied maintenance simply because questions are raised about the validity of the marriage, especially when a child is born from the relationship.
The court said, “If a woman has married someone who concealed his religious identity and a child is born from the marriage, then denying maintenance only on the basis of the validity of the marriage would amount to re-victimising her.”
Marriage Claims and Allegations of Concealment
According to the woman’s lawyer Rajesh Joshi, the couple got married on February 23, 2020, during the COVID-19 lockdown at a temple ceremony. The woman stated that the man presented himself as Hindu and tied the sacred thread of marriage rituals.
However, she later alleged that she discovered his true religious identity through documents. The revelation reportedly came during her pregnancy in June 2020.
After this, she accused her husband of harassment, assault, and forcing her to convert her religion.
Police Case and Legal Proceedings
Based on her complaint, the Dwarkapuri police in Indore registered a case under sections of the Indian Penal Code and the Madhya Pradesh Freedom of Religion Act, 2021. Later, two more FIRs were also filed over allegations of threats and pressure.
Family Court Had Earlier Rejected Maintenance Claim
In August 2023, the family court ruled that the woman could not be legally considered a wife and rejected her maintenance claim. However, it granted only ₹2,000 per month for the minor daughter’s support.
The woman challenged this order in the High Court through a criminal revision petition.
High Court Enhances Maintenance Amount
After hearing the case, the High Court cancelled the family court’s order and directed the husband to pay ₹10,000 per month to the wife and ₹10,000 per month to the minor daughter, making it a total of ₹20,000 per month.
The court also ruled that the amount will be payable from the date the petition was filed.
