Madras HC Orders Interim Maintenance for Muslim Women, Too, under the CPC

Madras HC Orders Interim Maintenance for Muslim Women, Too, under the CPC

In a key verdict, the Madras High Court recently ordered that Muslim women who file divorce under the Dissolution of Muslim Marriages Act, 1939, are entitled to interim maintenance during the course of divorce proceedings. This order delivered by Justice V. Lakshminarayanan underlines the court's responsibility to make sure that while pursuing their divorce through courts, women are not left financially vulnerable. The woman, a Muslim, sought interim maintenance against her estranged husband, a pediatric cardiologist, who contended that the court had no jurisdiction to grant such relief under the Code of Criminal Procedure. The husband's lawyers thus contended that under Section 151 of the Code of Criminal Procedure, which provides procedural relief, substantive reliefs such as maintenance could not be granted. However, Justice Lakshminarayanan rejected this contention by stating that under Section 151 of the CPC, the court had the inherent power to grant interim maintenance so as not to be "thrown to the wolves." Further, the court placed emphasis on noting that interim maintenance is granted in the first instance for the purpose of empowering the women with financial support to sustain themselves during the litigation. This assistance, the court continued, was essential to create equal opportunities and provide a fair chance for women to seek their legal rights without being put in a distressing situation. The ruling also pointed out that although the Dissolution of Muslim Marriages Act itself does not provide for interim maintenance, the courts are competent to interpret the law in a way so as to uphold social and economic justice. The court observed that refusal of interim maintenance would run counter to principles of justice, equity, and good conscience-something axiomatic to the legal system. It also pointed out that the husband's financial capacity, social status, and other obligations were considered while granting interim maintenance. It also accords with other provisions, like the Protection of Women from Domestic Violence Act, which allows the courts to grant various forms of relief, including maintenance. The above judgment just reassures the commitments of the legal system toward the protection of women's rights, providing them all possible support to maintain their dignity during divorce procedures.

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