Muslim Wife Initiating Divorce Entitled to Seek Interim Maintenance Under Section 151 CPC: Madras High Court

 The Madras High Court has held that a Muslim wife who initiates divorce proceedings is entitled to claim interim maintenance under Section 151 of the Code of Civil Procedure (CPC). The Court affirmed that despite the Dissolution of Muslim Marriage Act, 1939, not specifically providing for interim maintenance, courts are empowered to grant such relief under the inherent powers of Section 151 CPC when necessary to prevent injustice and address the needs of the wife during the pendency of divorce proceedings.

Relying on the ruling of the Madras High Court, the judge noted that when the marital relationship between the parties is undisputed, there is no impediment to the court granting maintenance through the exercise of its inherent powers. The court also referred to the full bench decision of the Andhra Pradesh High Court, which held that Section 151 of the Code of Civil Procedure empowers the court to award maintenance to the wife and minor children when warranted by the circumstances, based on a prima facie assessment of the merits of the case.

 

Case No: C.R.P.(PD).No.2660 of 2024 Madras High court