Wednesday, April 21, 2010

‘Muslim woman entitled to maintenance’

Lucknow Bench of the Allahabad high court, in a significant judgment, has ruled that a Muslim woman is entitled for maintenance pending litigation as well as payment of cost of litigation under the Family Courts Act, 1984.

A division bench comprising Justice Devi Prasad Singh and Justice S C Chaurasia, while elaborating the Right to Life and the Right to Livelihood guaranteed under Article 21 of the Constitution of India observed — “In case wife is suffering from paucity of funds or is unable to maintain herself or she has got no sufficient means for livelihood, then, the court in a pending suit for restitution of conjugal rights, has got ample powers to direct for payment of maintenance in pursuance to the powers conferred under section 151 of the Code of Civil Procedure”.
Needless to say that right to life and livelihood does not need animal living but quality of life suiting to the status of the person concerned, said the Bench adding that the provisions of the Family Court Act shall be applicable to family disputes of every citizen.

No comments:

Post a Comment