CHENNAI: The Madras High Court upheld a family court’s order granting interim maintenance to a Muslim woman seeking divorce, even though such relief is not explicitly provided under the Dissolution of Muslim Marriage Act.
Justice V. Lakshminarayanan, in his ruling, emphasized that courts must find solutions for individual cases within the broad legislative framework. “Since the legislature cannot contemplate solutions to all societal problems, it is up to the courts to address issues on a case-by-case basis,” he stated.
The court dismissed a revision petition filed by the husband challenging the Udhagamandalam family court’s order, which had directed him to pay Rs 20,000 per month as maintenance and Rs 10,000 towards litigation expenses. The husband’s counsel argued that the trial court exceeded its powers by invoking Section 151 of the Code of Civil Procedure (CPC) to order interim maintenance when the Dissolution of Muslim Marriage Act does not provide for it.
Rejecting the husband’s argument, the court asserted that when the marriage and the birth of a child are undisputed, it is the husband’s duty to provide for both. The judge added, “In the absence of maintenance, the wife and child may not even survive to see the conclusion of the litigation. To deny interim relief on the grounds of a lack of explicit legal provision would undermine the wife’s right to exist and diminish her status.”
This ruling reaffirms the judiciary’s role in ensuring justice and protection for vulnerable parties, even where legislative provisions may be silent.
