The Madras High Court recently said that a Muslim woman who has filed for divorce under the Dissolution of Muslim Marriage Act 1939 is entitled to receive interim maintenance pending the disposal of her divorce petition. In its order passed on September 2, the high court bench of Justice V Lakshminarayanan said that courts can invoke Section 151 of the Code of Civil Procedure (CPC) to grant maintenance even though the 1939 Act does not have a provision for granting interim maintenance. The judge further said that a court cannot shut its eyes when a woman claims she has no means of sustaining herself. The high court also refused to accept the opposing counsel's argument that Section 151 cannot be invoked to pay interim maintenance. The court said that if such an interpretation would be accepted, then the "wife would be thrown to the wolves and would have to run from pillar to post in order to secure a basic right". ‘There Are No Rules in Love and War’: Madras High Court Acquits Rape Convict After Accused and Victim Have Second Child While Going for Mediation.

‘Cannot Shut Eyes When Woman Claims She Has No Means of Sustaining Herself’

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