Shamima Mou — The High Court Division of the Supreme Court of Bangladesh has ruled that a father’s legal duty to provide financial maintenance to his minor child is an independent statutory right, completely unaffected by marital disputes or whether a divorce has taken effect.
The decision came from a single-judge bench presided over by Justice Abdur Rahman following a civil revision petition
The 22-page full verdict reiterated that a parent cannot withhold child support under the pretext of ongoing legal battles over marriage dissolution or pending divorce suits.
Background of the Legal Battle
The case stems from a dispute involving a couple married on September 29, 2011. Following marital discord, the husband claimed to have divorced his wife.
The wife subsequently filed a lawsuit in a family court seeking her unpaid dower (dower) and maintenance for their minor daughter.
When the husband failed to legally establish the validity of the divorce in court, the trial court decreed the dower and child maintenance in favor of the wife and child.
To evade executing the maintenance decree, the husband filed a fresh declaratory lawsuit asserting that the divorce was effective.
He then petitioned the court to stay the implementation of the financial award. After lower courts rejected his request, he filed a civil revision petition with the High Court in 2023.
Dismissing the husband’s petition, the High Court directed him to immediately pay all backdated dower amounts to his wife and outstanding maintenance fees to his daughter, as mandated by law.
In its observations, the court emphasized that child support is an absolute, independent right.
“It is unnecessary to reiterate that a minor child’s right to maintenance is a distinct statutory and legal right,” the High Court bench observed in the verdict. “This right does not originate from, nor does it depend on, whether there is a marital dispute between the parents. Even if there is a controversy regarding whether a divorce is valid or effective, the legal responsibility to maintain a minor child rests upon the father. Consequently, the petitioner cannot lawfully withhold support for his child under the pretext of an unresolved divorce dispute.”
Addressing the husband’s repeated claim of divorce, the court noted that his assertion remained completely unproven across judicial forums.
The court further clarified that an unproven or legally ineffective divorce notice does not dissolve a marriage, nor does it bar a party from issuing a new, lawful notice following due legal procedures if they wish to separate.
Legal Expert Reactions
Advocate Ishrat Hasan, who represented the wife alongside Advocates Tanjila Rahman and Iffat Hasan Shammi, highlighted the far-reaching impact of the verdict.
“This judgment reinforces three crucial legal principles: the legal validity of a divorce must be proven strictly according to law; a minor child’s maintenance is an independent right; and final decree executions cannot be obstructed by filing new declaratory suits,”
Advocate Ishrat Hasan told reporters. “A husband cannot evade maintaining his wife or child by citing an unproven divorce. This verdict stands as an important precedent for protecting the rights of women and children.”
Advocate Mohammad Shahidul Islam represented the husband during the hearings.
By upholding the lower court’s decree, the High Court has closed potential procedural loopholes used by litigating parents to delay child support.
The ruling sends a clear message across family courts in Bangladesh: personal marital conflicts cannot override a child’s fundamental right to care and financial security.