MUMBAI: The absence of explicit provisions in the Dissolution of Muslim Marriages Act about granting repairs for wife didn't bar courts from granting such relief if essential, the Bombay high court mentioned on Thursday.
Justice Shalini Phansalkar-Joshi mentioned the court had to do "substantive justice" and will have to now not be "misled by technicalities".
The high court disregarded an enchantment filed by way of a Muslim man challenging the trial court's court order granting his estranged wife repairs and part the share in the couple's belongings while granting them divorce.
The petitioner whose name was now not disclosed had claimed that the Dissolution of Muslim Marriages Act was conspicuously silent at the rights of married Muslim lady for repairs or matrimonial belongings.
Under a go well with for dissolution of marriage, a woman could now not claim repairs or a percentage in belongings, he mentioned.
Justice Phansalkar-Joshi rejected this view.
Merely because the act didn't point out that the court had powers to do certain things, it will now not be mentioned that the court could now not grant such relief if it deemed it essential, the pass judgement on mentioned.
"The right of maintenance and right in the matrimonial property... are incidental to the main relief of dissolution of marriage and therefore, these reliefs are very much an integral part of the decree of dissolution of marriage," mentioned the pass judgement on.
"Hence, they are required to be considered even if at times such reliefs are not asked for," the high court mentioned.
Justice Shalini Phansalkar-Joshi mentioned the court had to do "substantive justice" and will have to now not be "misled by technicalities".
The high court disregarded an enchantment filed by way of a Muslim man challenging the trial court's court order granting his estranged wife repairs and part the share in the couple's belongings while granting them divorce.
The petitioner whose name was now not disclosed had claimed that the Dissolution of Muslim Marriages Act was conspicuously silent at the rights of married Muslim lady for repairs or matrimonial belongings.
Under a go well with for dissolution of marriage, a woman could now not claim repairs or a percentage in belongings, he mentioned.
Justice Phansalkar-Joshi rejected this view.
Merely because the act didn't point out that the court had powers to do certain things, it will now not be mentioned that the court could now not grant such relief if it deemed it essential, the pass judgement on mentioned.
"The right of maintenance and right in the matrimonial property... are incidental to the main relief of dissolution of marriage and therefore, these reliefs are very much an integral part of the decree of dissolution of marriage," mentioned the pass judgement on.
"Hence, they are required to be considered even if at times such reliefs are not asked for," the high court mentioned.
Court can grant maintenance in divorce suit even if Muslim law silent on it: HC
![Court can grant maintenance in divorce suit even if Muslim law silent on it: HC]()
Reviewed by Kailash
on
August 02, 2018
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