The man was refusing to pay maintenance, the High Court reprimanded him and said – ‘…

The Madras High Court has upheld the decision of the Family Court to grant interim maintenance to a Muslim woman seeking divorce, although this relief has not been given under the Muslim Divorce Act.

The court passed this order while dismissing the revision petition filed by the husband, in which the husband had challenged the order passed by the Udhag-Mandalam Family Court. In this order, an order was given to pay Rs 20,000 as alimony and Rs 10,000 for the cost of the case.

Justice V. Lakshminarayanan said, “Because the legislature cannot think of a solution to all the problems present in the society. Therefore, the courts have to find a solution to individual cases within the broad framework laid down by the legislature.” The husband’s counsel said the trial court cannot exercise its power under Section 151 of the CrPC (inherent power to make an order to ensure a fair trial) to order interim maintenance when there is no provision for the same in the Muslim Divorce Act. Refusing to agree, the court said, “When the marriage has been solemnised and a child has been born, it is the duty of the husband to maintain his wife and child.”

The judge said, “In the absence of any maintenance allowance, the wife or the child will not be able to survive till the conclusion of the trial. If the court accepts the husband’s argument that there is no provision for grant of interim maintenance allowance to the wife under the CrPC or the Muslim Divorce Act, the court would be degrading the position of the wife and trampling on her right to existence.”

The court also said the purpose of granting alimony is to provide equal opportunity to the woman and thus ensure equal opportunity to all parties to promote justice. Thus, the court said that if it is held that the court does not have the power to award maintenance, it would be against the principles of justice, equity and good conscience.
The court said that as per the Protection of Women from Domestic Violence Act, the wife can claim the relief of protection order, residence order, monetary relief, custody order and compensation order before the civil court, family court or criminal court. The court said that the family court can direct the husband to pay interim maintenance under the Act. Without making any change in the order of the family court, the court dismissed the petition.