On Friday, August 3rd, 2018 Bombay high court said that due to the absence of specific provisions in the Dissolution of Muslim Marriages Act, 1939 for 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."
