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V. LAKSHMINARAYANAN
Danish Memon – Appellant
Versus
Nusra Iqbal – Respondent
ORDER :
(V. Lakshminarayanan, J.)
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 06.12.2023 passed by the (FAC) Judge, Family Court, at Udhagamandalam in I.A.No.3 of 2023 in O.P.No.4 of 2022.)
This civil revision petition raises a very interesting question of law. The question being whether a Muslim wife, who had presented a plaint in terms of Section 2(viii) of the Dissolution of Muslim Marriage Act, 1939, is entitled to receive an interim maintenance pending disposal of the said proceedings.
2. There is no dispute in the relationship between the parties. The civil revision petitioner is the husband and the respondent is the wife. They married each other on 07.09.2015 at Giriappa Kalayana Mandapam, Udhagamandalam, The Nilgiris. The marriage was an arranged one. From the wedlock, a girl child was born on 11.10.2016. At the time of marriage, the respondent /wife was working at Tata Consultancy Service, and the husband was pursuing his specialisation in Pediatric Cardiology.
3. According to the respondent/wife, her husband and sister-in-law used to treat her unfairly and she suffered from physical and
A Muslim wife is entitled to interim maintenance during divorce proceedings, emphasizing the husband's obligation to provide support regardless of the wife's financial status.
Interim maintenance – When relationship between parties is admitted, Court has inherent power to grant interim maintenance – Grant of maintenance is in a way granting equal opportunity and making lit....
The Court upheld the principle that maintenance pendente lite may be granted based on a comparative assessment of both parties' incomes under Section 24 of the Hindu Marriage Act.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
Sec.125 of the CrPC reads as order for maintenance of wives, children and parents.
Under the Indian Constitution, the right to equality is a fundamental right - All persons are equal before the law and are entitled to equal protection of the laws, be it substantive law or procedura....
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
Point of law: Maintenance - Grant of maintenance under the DV Act would not be a bar to seek maintenance under Section 24 of HMA -Court does not find any infirmity or illegality in the order impugned....
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