Muslim women can be granted maintenance by civil courts: Bombay High Court.

Judiciary Aug 04, 2018 Lawstreet News Network 2 Shares

Also Read - E-court option along with physical hearing to be the way ahead : Justice Gautam Patel

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.

Also Read - Bombay HC Directs Govt. of Maharastra to Pay Rs.50 K Each as Compensation to 2 Men Detained Illegally [READ ORDER]

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."

E-court option along with physical hearing to be the way ahead : Justice Gautam Patel

Legal Insiders Dec 29, 2020 Dev Kumar Patel ( Editor: Ekta Joshi ) 6 Shares

A Webinar had been jointly organised on 26th December 2020 by NGOs Forum for Fast Justice, Public Concern for Governance Trust and National Federation of Societies for Fast Justice on a vision for virtual courts addressing the need and importance of virtual hearings in Indian judicial system.The speakers for the webinar included Retired Justice R.C. Chavan, present Vice Chairperson of Supreme Court E-Committee and Justice Gautam S. Patel, judge of the Bombay High Court. The talk was moderated...

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Bombay HC Directs Govt. of Maharastra to Pay Rs.50 K Each as Compensation to 2 Men Detained Illegally [READ ORDER]

Judiciary Dec 29, 2020 Dev Kumar Patel ( Editor: Ekta Joshi ) 8 Shares

The Bombay High Court came down heavily on State Govt. of Maharashtra and directed them to pay Rs.50,000/- to Arun Tagad and Shailendra Tagad(Petitioners) as compensation for illegal detention in custody at the instance Rural Police Station, Beed District of Aurangabad Division. The bench also observed that in such cases the State needs to obtain explanation from the erring authority and fix some kind of responsibility.The Division bench at Aurangabad comprised by Justice T. V....

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