DANISH MEMON Vs. NUSRA IQBAL

JUDGEMENT

(1.) This civil revision petition raises a very interesting question of law. The question being whether a Muslim wife, who had presented a plaint in terms of Sec. 2(viii) of the Dissolution of Muslim Marriage Act, 1939, is entitled to receive an interim maintenance pending disposal of the said proceedings.

(2.) There is no dispute in the relationship between the parties. The civil revision petitioner is the husband and the respondent is the wife. They married each other on 7/9/2015 at Giriappa Kalayana Mandapam, Udhagamandalam, The Nilgiris. The marriage was an arranged one. From the wedlock, a girl child was born on 11/10/2016. At the time of marriage, the respondent /wife was working at Tata Consultancy Service, and the husband was pursuing his specialisation in Pediatric Cardiology.

(3.) According to the respondent/wife, her husband and sister-in-law used to treat her unfairly and she suffered from physical and verbal assault at their hands. Therefore, she was constrained to leave the matrimonial home and return to her parental home at Udhagamandalam. On reaching Udhagamandalam, she started to work at Zomato Private Limited as a City Growth Manager. The husband moved to Kochi from Belgaum to pursue his further studies at Amirtha Institute of Medical Sciences. On his assurance that he would treat her fairly, the respondent/wife joined him at Kochi.