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Ruling that women of the minority community cannot be discriminated against in the matter of providing alimony, the Allahabad High Court has asked one Islam to pay maintenance to his estranged wife.
Asking Islam to pay Rs 1,000 as alimony to his wife, Fatima, Justice SN Srivastava held that the Hindu law provides for maintenance in such cases and Muslim women are also therefore entitled to it under the Constitution.
The Constitution mandates that there can not be any discrimination on the basis of caste, creed or religion, the court observed.
The Court, he ruled, could grant interim maintenance to them despite the fact that there was no such specific provision under the Muslim law.
"The Court cannot be a mere passive pronouncer of judgement unconcerned with the actual effective implementation," he said.
Earlier, a trial court of Ghazipur
had granted a sum of Rs 1,000 per month as interim maintenance to Fatima,
but Islam objected to it on the ground that there was no provision for
granting interim maintenance under the Muslim law.
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