HC rules Muslim women entitled for maintenance
Press Trust of India
Allahabad, February 4, 2005
http://www.hindustantimes.com/news/181_1228325,00080001.htm

 
Ruling that women of the minority community cannot be
discriminated against in the matter of providing
alimony, the Allahabad High Court has asked one Islam
to pay maintenance to his estranged wife.

Asking Islam to pay Rs 1,000 as alimony to his wife,
Fatima, Justice SN Srivastava held that the Hindu law
provides for maintenance in such cases and Muslim
women are also therefore entitled to it under the
Constitution.

The Constitution mandates that there can not be any
discrimination on the basis of caste, creed or
religion, the court observed.

The Court, he ruled, could grant interim maintenance
to them despite the fact that there was no such
specific provision under the Muslim law.

"The Court cannot be a mere passive pronouncer of
judgement unconcerned with the actual effective
implementation," he said.

Earlier, a trial court of Ghazipur had granted a sum
of Rs 1,000 per month as interim maintenance to
Fatima, but Islam objected to it on the ground that
there was no provision for granting interim
maintenance under the Muslim law.
 
http://www.hindustantimes.com/news/181_1228325,00080001.htm


                
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