New Delhi, June 18, 2020: The Supreme Court has given a split verdict on the issue whether a Family Court has the jurisdiction to entertain a petition for maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Justice R. Banumathi opined that the Family Court has no jurisdiction, while Justice Indira Banerjee expressed a view that it has. Therefore, a larger bench will be constituted to decide the issue. After a split verdict delivered by a Division Bench, a larger Bench of the Supreme Court will decide whether family courts have the jurisdiction to hear applications for maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act of 1986.

The appeal arises out of a Rajasthan High Court judgment that set aside an order passed by a Family Court which converted the application for maintenance under Section 125 Cr.P.C. into Section 3 of the Muslim Women (Protection of Rights on Divorce) Act.

A Muslim woman filed a petition under Section 125 of the Cr.P.C. The allegation that she had been subjected to cruelty and harassment for extra dowry and that she had been thrown out of her marital home. The Family Court ruled that because the appellant is a Muslim divorced woman, the petition for maintenance under Section 125 of the Cr.P.C. It's not maintained.

Treatment of an application under Section 125 Cr.P.C. as an application pursuant to Section 3 of the Muslim Women's Rights Act, the Family Court ordered the husband to pay the appellant three lakh in lump sum for his maintenance and future wellbeing.

The Rajasthan High Court held that the Family Court’s order of conversion of the application under Section 125 Cr.P.C. into an application under Section 3 of the Act is without jurisdiction and on those findings, set aside the order of the Family 3 Court to that extent.

The Supreme Court stated that there can be no question that, regardless of their religion, the Family Court alone has jurisdiction over personal and family matters relating to women and men. Muslim women's family matters pertaining, inter alia, to marriage, divorce, etc. are decided by Family Courts, as are Muslim wives' claims to maintenance under Section 125 of the Cr.P.C.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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