Court Invokes CPC to Ensure Financial Support for Women During Divorce Litigation
The Madras High Court has ruled that a Muslim woman who has filed for divorce under the Dissolution of Muslim Marriage Act, 1939, is entitled to interim maintenance while her divorce petition is pending.
Justice V Lakshminarayanan, in an order passed on September 2, emphasized that although the 1939 Act does not specifically provide for interim maintenance, courts can invoke Section 151 of the Code of Civil Procedure (CPC) to ensure such support is granted. The Court stated that a judicial system must not ignore the financial struggles of a woman claiming she has no means to support herself during litigation.
Rejecting the opposing counsel’s argument that Section 151 CPC only allows procedural relief and not substantive relief, Justice Lakshminarayanan remarked that if such a stance were adopted, “the wife would be thrown to the wolves,” leaving her without a fundamental right to live with decency and dignity.
The judge further elaborated that the purpose of interim maintenance is to enable the woman to survive and continue with the litigation, without having to prioritize her financial well-being over the legal battle. “By directing the husband to pay interim maintenance, I am levelling the playing field, ensuring an equal opportunity to promote justice,” the Court added.
The ruling came in response to a petition by a man challenging a family court’s decision in Udhagamandalam, which granted interim maintenance to his estranged wife. The wife’s counsel argued that she had no income and was struggling to sustain herself, while the estranged husband, a pediatric cardiologist, had sufficient means to support her.
Advocates Gopika Nambiyar and Sharath Chandran represented the petitioner in the case.
(With inputs from agency)
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