Mumbai: On Thursday, the Bombay High Court said that the absence of specific provisions in the Dissolution of Muslim Marriages Act about granting for the wife did not bar courts from granting such relief if necessary. Recently, High Court dismissed an appeal by a Muslim man challenging the trial court’s court order granting his estranged wife maintenance and half the share in the couple’s property while granting them divorce.
According to the petitioner (the name was not disclosed) had claimed that the Dissolution of Muslim Marriages Act was conspicuously silent on the rights of married Muslim women for maintenance or matrimonial property. He also added Under a suit for dissolution of marriage, women could not claim maintenance or a share in the property.
On the other end, Shalini Phansalkar-Joshi Justice rejected the view and said the court had to do “ substantive justice” and must not be “mislead by technicalities”
The judge said “Merely because the act did not mention that the court had powers to do certain things, it could not be said that the court does not grant such relief if it deemed it necessary”
The Judge also added,” 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.”
“Hence, they are required to be considered even if at times such relief is not asked for,” said the high court.