Civil Courts in Muslim divorce proceedings can grant incidental reliefs of maintenance and right in the matrimonial property

The Bombay High Court took a view that reliefs of maintenance and right in the matrimonial property are incidental to the main relief of ‘dissolution of marriage’ hence, they are required to be considered in the same proceeding under Section 2 of Dissolution of Muslim Marriages Act, even if at times such reliefs are not asked for also.

The said ratio was laid down by the Bombay High Court in Adnan Chara vs. Farhat Adnan, Second Appeal (ST.) NO. 11650 OF 2017 decided on 02.08.2018.

Challenge

The substantial question of law framed by the Bombay High Court was – whether in a suit filed under Section 2 of the Dissolution of Muslim Marriages Act, 1939, the Civil Court was competent to grant the relief of maintenance and the relief in respect of matrimonial property of the spouses, for which other statutory enactments and other forums are available.

Held

The Court held in this case that the right of maintenance and right in the matrimonial property are the consequences of the marriage or its dissolution. Those reliefs are incidental to the main relief of ‘dissolution of marriage’ and therefore, these reliefs are very much integral part of decree of ‘dissolution of marriage’. Hence, they are required to be considered in the same proceeding, even if at times such reliefs are not asked for also. Furthermore, an award of maintenance is the fall out of the decree of ‘dissolution of marriage’, hence even if at times, the Respondent has not asked for the maintenance, she is awarded that maintenance for herself and her children while passing the decree for ‘dissolution of marriage’.