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

Judiciary Aug 04, 2018 Lawstreet News Network 2 Shares

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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 High Court Allows Export of Onions in plea filed by Horticulture Produce Exporters Association

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."

‘Extremely Sorry State’: Bombay High Court states on finding that Goa has no Lab to Test Seized Narcotics

Judiciary Oct 26, 2020 Pavitra Shetty ( Editor: Ekta Joshi ) 4 Shares

Nigerian national Michael Okafor has approached the Bombay High Court’s Goa bench, seeking to direct the state to operationalize the state’s forensic laboratory which was to set up back in 2013.Michael Okafor was arrested on October 19, 2019, with substances suspected to be LSD of a quantity little less than one gram.Advocate K Poulekar was the counsel for Michael Okafor.Advocate K Poulekar contended that the forensic laboratory was to be operational in Goa in 2013. At present, the...

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Bombay High Court Allows Export of Onions in plea filed by Horticulture Produce Exporters Association

Judiciary Oct 23, 2020 Lawstreet News Network ( Editor: Ekta Joshi ) 3 Shares

The Bombay High Court’s division bench comprising of Justice Ujjal Bhuyan and Justice Abhay Ahuja passed an order allowing the export of onions while hearing a writ petition filed by Horticulture Produce Exporters Association and Rohan Shah (proprietor of Fair Agro Enterprises and a member of first petitioner organization).The order was passed only for those consignments for which the shipping bills were presented and generated prior to 10:28 pm on September 14th, 2020. It was on this day...

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