Home Legal Precedents Matrimonial & Family Law Chand Patel v. Bismillah Begum
Matrimonial & Family Law Division Bench | Supreme Court of India Decided on 14 March 2008

Chand Patel v. Bismillah Begum

(2008) 4 SCC 774
2008 INSC 226
[2008] 3 SCR 204
AIR 2008 SC 1915
Criminal Appeal No. 488 of 2008

Core Landmark Ratio Decidendi

The Supreme Court resolved a century-old conflict in Islamic jurisprudence by ruling that under Hanafi Muslim personal law, a marriage contracted with the sister of an existing living wife (unlawful conjunction or jama bain-al-mahramain) is not void ab initio (batil), but merely irregular (fasid). Because the prohibition is relative and temporary rather than absolute, the union subsists with legal consequences until formally dissolved or declared void by a competent forum. Once consummated, an irregular marriage legitimizes the children, entitles the wife to dower, and imposes a subsisting statutory obligation on the husband to pay maintenance to both the wife and minor children under Section 125 of the Code of Criminal Procedure, 1973 (Section 144 BNSS, 2023).

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