The High Court has ruled that the execution of decrees for dower and support for wife and minor child cannot be halted based on a divorce that has not been legally proven or effective.
The court emphasised that maintenance for a minor child is not dependent on the matrimonial disputes of the parents but is instead an independent and distinct legal right of the child.
The single-judge High Court bench of Justice Abdur Rahman recently delivered the verdict, upholding a lower court’s order. The court directed a husband to pay the arrears of support for his wife and minor child, as well as the dower money.
According to the case documents, the couple married in 2011. The wife subsequently filed a lawsuit seeking dower and maintenance for herself and their minor daughter.
Although the husband claimed in court that he had already divorced his wife, he failed to prove the divorce in the Family Court in accordance with the law. Consequently, the court issued a decree in favour of the wife and child.
The husband later filed a declaratory suit claiming the divorce was effective and, citing that case, applied for a stay on the execution of the maintenance decree. After the lower court rejected his application, he moved to the High Court.
In its judgment, the High Court stated that the execution of a final decree cannot be stopped simply because a new case has been filed. A decree remains effective and must be implemented by the Execution Court unless a competent court stays it.
The court further observed that a divorce which is not legally proven or effective carries no legal weight. Such a divorce does not terminate the marital relationship and cannot create any legal barrier to the execution of decrees regarding dower or maintenance.
The High Court clarified that the Family Court holds exclusive jurisdiction over disputes related to marriage, divorce, dower, maintenance, and conjugal rights.
It noted that the Execution Court’s responsibility is limited to implementing the existing decree and it does not have the jurisdiction to decide anew whether a divorce is valid or if a marital relationship exists.
The verdict stressed that a father cannot evade his responsibility for child maintenance under the pretext of divorce disputes.
If a previously claimed divorce is found legally ineffective and the husband truly wishes to end the marital relationship, he has the option to issue a new divorce according to the law.
However, this possibility does not exempt him from the liabilities of dower and maintenance created under the prior decree.
Advocate Md Shahidul Islam represented the husband, while Advocate Ishrat Hasan appeared for the wife.
According to the lawyers, the ruling reinforces three fundamental principles: divorce must be legally proven to be effective; child maintenance is an independent legal right; and the execution of a final decree cannot be delayed or obstructed by filing new lawsuits.
They believe this judgment will serve as an important precedent in safeguarding the legal rights of women and children and ensuring the effectiveness of final judgments from family courts.
