AIR 2018 BOM 282 ::2018 (5) ABR 713 ::AIROnline 2018 Bom 688 ::(2018) 3 HinduLR 265 ::(2018) 4 RecCivR 18 ::(2018) 5 Bom CR 400 ::(2018) 3 CurCC 256

Bombay High Court

Hon'ble Judge(s): Shalini Phansalkar-joshi , J

(A) Dissolution of Muslim Marriage Act (8 of 1939) , S.2— Dissolution of marriage - Suit for - Matters incidental to dissolution of marriage - Relief regarding maintenance to children and half share in property jointly owned by husband and wife - Can be granted by Civil Court though suit was filed under S. 2 of Act (1939) without @BHCR-VOLV-Page-714mentioning Protection of Women from Domestic Violence Act, (2005) and Muslim Women (Protection of Rights on Divorce) Act, (1986) in title of suit - Court can grant such incidental reliefs without being guided by mere nomenclature or label of plaint. In a suit for dissolution of marriage under Dissolution of Muslim Marriage Act (1939) Court can grant incidental reliefs. While deciding any litigation, the Court has to consider entire case in its proper perspective, including the pleadings, the points argued, the reliefs claimed, everything. The Court is never expected to be guided by mere 'nomenclature' or 'label' of the plaint. It is not a case, where the Civil Court was not having the jurisdiction to grant the reliefs which the wife had claimed in the suit. Hence, it also cannot be said that the trial Court has exceeded its jurisdiction. 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 rel....