Marriage declared invalid due to concealment of religion, yet victim entitled to maintenance !

Significant ruling by the Madhya Pradesh High Court in a ‘Love Jihad’ case
Court directs payment of ₹20,000 per month to the victim

Indore (Madhya Pradesh) – The Indore Bench of the Madhya Pradesh High Court has delivered a significant judgment in a case involving allegations of marriage after concealing religious identity and subsequent harassment. The Court directed the Muslim husband to pay ₹20,000 per month towards the maintenance of his Hindu wife and their minor daughter.

A marriage solemnized after concealing one’s religion was declared invalid; however, the victim was held entitled to receive maintenance.

Madhya Pradesh High Court Delivers a Significant Verdict in a ‘Love Jihad’ Case

The Court directed that the victim be paid ₹20,000 per… pic.twitter.com/BfweoNQvZM

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The Court observed that a woman cannot be deprived of her right to maintenance merely because the validity of the marriage is questioned, particularly when a child has been born from the marriage.

What is the case about ?

The victim married a Muslim man, who had falsely represented himself as a Hindu, in a temple on 23 February 2020. In June 2020, after she became pregnant, she came to know of his true religious identity. When she objected, she was allegedly assaulted, threatened and pressured to convert her religion.

In an order dated 26 August 2023, the Family Court refused to recognise her as the man’s legally wedded wife and rejected her claim for maintenance.

Challenging the Family Court’s order, the woman filed a criminal revision petition before the High Court. Justice Gajendra Singh observed that if a woman is married after her husband’s religious identity has been concealed from her, and a child has been born from that relationship, denying her maintenance solely on the ground that the marriage is invalid would amount to victimising her all over again.