On Friday, August 3rd, 2018 Bombay high court said that due to the absence of specific provisions in the Dissolution of Muslim Marriages Act, 1939for providing maintenance to Muslim wife a civil court can grant maintenance, mehr and a share in the matrimonial property to a Muslim woman.
The bench of Bombay High Court comprising of Justice Shalini Phansalkar Joshi said the court had to do "substantive justice" and must not be "misled by technicalities" and passed a detailed judgment in the case where a resident of Navi Mumbai has challenged a lower court's order which was in favor of his wife. However, the man's petition was dismissed.
Judge also 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 could not grant such relief if it deemed it necessary. "The right of maintenance and right in the matrimonial property... are incidental to the main relief of dissolution of marriage and therefore, these beliefs are very much an integral part of the decree of dissolution of marriage."
“Daughters are daughters forever and sons are sons till they are married”: Bombay HC orders son and his family to vacate parents' flat [READ JUDGMENT]
Judiciary
Sep 20, 2021
ANUSHKA BHATNAGAR
(
Editor: Ekta Joshi
)
Shares
On 15th September 2021, the Bombay High Court Justice G.S.Kulkarni ordered a son and his family to leave the premises of his father’s flat after looking at the condition of his elderly parentsin the case of Ashish Vinod Dalal & Ors. v. Vinod Ramanlal Dalal & Ors.BACKGROUNDThe parents who are respondents 1 and 2, in this case, were dragged to the High Court by petitioner 1 and 2 who are the son and the daughter-in-law of the respondents after the order of the Maintenance...
Scam 1992 Web Series: Bombay High Court Stays Investigation in Defamation Case Against SonyLIV App, Sony Pictures by KUCB Bank
CelebStreet
Aug 25, 2021
Nargis Bano
(
Editor: Ekta Joshi
)
Shares
On Monday (August 23, 2021), the Bombay High Court's division bench of Justice SS Shinde and Justice NJ Jamadar stayed the Pune police's investigation against the owner of the SonyLIV app, Sony Pictures Network India Pvt Ltd, in a case filed against them. Karad Urban Co-operative Bank (KUCB) filed a FIR alleging trademark infringement in the Scam 1992 series.The FIR was filed for defamation under the Indian Penal Code, 1860 as well as violations of the Trademarks Act, 1999 and the...
![“Daughters are daughters forever and sons are sons till they are married”: Bombay HC orders son and his family to vacate parents' flat [READ JUDGMENT]](https://lawstreet.co/secure/uploads/2021/09/lj_3071_bhc.jpg)
![Public outrage cannot be considered as a ground to refuse bail: Bombay High Court [READ ORDER]](https://lawstreet.co/secure/uploads/2021/07/lj_3764_bombay.jpg)
![Bombay High Court Seeks Minister Nitin Raut's Response on Alleged Illegal Use of Chartered Flights During Lockdown [READ ORDER]](https://lawstreet.co/secure/uploads/2021/07/lj_8614_bombay.jpg)
Facebook Comments