Lawstreet Journal

Larger Bench will now Decide on Jurisdiction of Family Courts to Hear Maintenance Pleas by Muslim Women after Split of Division Bench [READ JUDGEMENT]

Lawstreet Journal 22 Jun 2020 7:40pm

Image courtesy: Lawstreet Journal Judiciary Larger Bench will now Decide on Jurisdiction of Family Courts to Hear Maintenance Pleas by Muslim Women after Split of Division Bench [READ JUDGEMENT]

In a judgment passed on Thursday, 18th June 2020, the division bench of Justice R Banumati and Justice Indira Banerjee disagreed on whether family courts had the jurisdiction to entertain pleas for maintenance by Muslim women. Following this split verdict, a larger bench will hear on whether family courts have jurisdiction to hear applications of maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act of 1986

While Justice Banumathi held that this jurisdiction was inadequate for family courts, Justice Banerjee took an opposing opinion. The matter was eventually submitted to a larger Bench for judgment and will be referred to the Chief Justice of India, who will then refer it to the appropriate Bench. 

The split verdict came in a plea challenging the decision of the High Court of Rajasthan to set aside the order passed by the family court. The family court has converted the maintenance petition under Section 125 of the Code of Criminal Procedure (CrPC) into an appeal under Section 3 of the 1986 Act. While considering the matter, Justice Banumathi held that the family courts had no jurisdiction to hear a maintenance plea under the 1986 Act and that the same could only be brought before the Judicial Magistrate (First Class).

Justice Banumati stated, “the Family Court not having been conferred the jurisdiction under Section 7 of the Family Courts Act, 1984 to entertain an application filed under Section 3 of the Muslim Women Protection Act, the Family Court shall… Continue Reading...


Tagged: The Muslim Women  
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