In a significant ruling, the Madras High Court has upheld the decision of a family court to grant interim maintenance to a Muslim woman seeking divorce. This decision comes despite the absence of a specific provision for such relief in the Dissolution of Muslim Marriage Act.
The court, in its order dismissing a revision petition filed by the husband, emphasized the importance of ensuring a fair trial and the need for courts to address individual circumstances within the existing legal framework. Justice V Lakshminarayanan stated that the legislature cannot anticipate every problem in society and that courts have the responsibility to find solutions for individual cases.
The husband’s counsel argued that the trial court had exceeded its powers by invoking Section 151 of the Code of Civil Procedure (CPC) to order interim maintenance, as the Dissolution of Muslim Marriage Act does not include such a provision. However, the court rejected this argument, emphasizing the fundamental duty of a husband to maintain his wife and child, especially in a situation where the marriage and the birth of a child have been acknowledged.
The court stressed that the absence of interim maintenance could potentially jeopardize the wife and child’s survival, as they might not be able to sustain themselves during the course of lengthy legal proceedings. The judge highlighted that accepting the husband’s argument would amount to diminishing the wife’s status and violating her right to exist.
