LAWS(ALL)-2010-4-61

SAMAUN KHAN Vs. ROSHNI PARVEEN

Decided On April 15, 2010
SAMAUN KHAN Appellant
V/S
ROSHNI PARVEEN Respondents

JUDGEMENT

(1.) Heard Sri M.M.Salam, learned Counsel for the appellant. Inspite of service of notice, respondent has not put in appearance. Accordingly, we proceed to decide the present appeal with the consent of learned Counsel for the appellant.

(2.) The present appeal filed under Section 19 of the Family Courts Act, 1984 involves the substantial question of law as to whether in a suit filed by a person belonging to muslim community for restitution of conjugal rights, Family Court may grant interim maintenance and cost of litigation ?

(3.) The submission of learned Counsel for the appellant is that under the provisions of Muslim Personal Law, the court lacks jurisdiction to grant interim maintenance pendente-lite or the cost of litigation.