In Brief
This case split the two-judge bench on a critical jurisdictional question: whether Family Courts can entertain maintenance applications from divorced Muslim women under the Muslim Women (Protection of Rights on Divorce) Act, 1986, or whether such applications must go only to Magistrates. Justice Banumathi held the Family Court lacks jurisdiction, as the 1986 Act specifically vests it in the First Class Magistrate. Justice Banerjee disagreed, interpreting the Family Courts Act's broad maintenance jurisdiction and its overriding clause (Section 20) to include such applications, emphasizing gender equality and women-friendly procedures. The split was referred to a larger bench for resolution.
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