August 4,2018:
Bombay High Court has expounded that in Divorce Proceedings under Dissolution of Muslim Marriages Act, 1939, a Civil Court can grant maintenance, Mehr and a share in matrimonial property to a Muslim woman.
HC Bench headed by Justice Shalini Phansalkar-Joshi upheld a Civil Court's decision though 1939 Act does not specifically provide for these reliefs.
Bench enunciated that,“Merely because the Dissolution of Muslim Marriages Act, 1939, does not mention that the court has the jurisdiction or power to grant such relief, it cannot be said the court does not have jurisdiction to grant it, if it is incidental, claimed and the court finds it necessary to grant the same”.
Dismissing Husband’s Appeal, Justice Shalini stated that Court of Law has to do “substantive justice” and “not be misled by technicalities”.
Bombay HC Bench added that, Law expects all disputes should be decided in one forum to avoid multiplicity of proceedings.
High Court stated that,“The right of maintenance and right in matrimonial property are consequences of marriage or its dissolution. Those reliefs are an integral part of the decree of dissolution of marriage”.
Thane Civil Court had dissolved marriage of a woman on her plea in 2011 under the 1939 law and directed Payment of Mehr, maintenance for two minor children and a 50% share in their jointly owned flat. Her husband’s appeal was dismissed by the district court, after which he moved the HC.
Source TOI
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