Madhya Pradesh High Court has ruled that maintenance under
Hindu Marriage Act is substantive right of a wife but under Muslim law, a woman
has the right to sue her husband for maintenance only if he neglects or refuses
to maintain her without any lawful cause, and reversed the order of a lower court,
which had allowed application of a Muslim woman for interim maintenance under Section
24 of Hindu Marriage Act by saying that both the parties in the case are
Muslims. However, the court said that if the wife wants interim maintenance,
she is entitled to file an application under Section 125 of CrPC before a
family court.
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TIMES OF INDIA NEWSPAPER
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