The Madras High Court recently observed that a father is duty-bound to maintain his minor child/ children when there is a matrimonial dispute between the spouses and denial of visitation rights to him is no grounds to grant exemption from payment of such maintenance.
A bench of Justice SM Subramaniam made the observation while passing orders in a case transfer plea moved by a woman. During the course of the hearing, the court noted that the woman’s husband was not paying interim maintenance to their minor child, who was in the custody of the mother.
The counsel of the husband said he was willing to take care of the minor child, but the woman does not allow him to see the child, so he is not in a position to pay the interim maintenance. The counsel reiterated that unless the wife permits him to visit the child, he will not be able to pay the interim maintenance.
To this, the court reprimanded the husband for his approach and said, “Such an approach of the respondent, who is a Public Servant, at no circumstances, be encouraged by this Court”.
The court observed that the 11-month-old female child has to be taken care of by the husband, who is the natural guardian and an earning member.
GOT MARRIED IN 2020
The couple got married in 2020. Due to misunderstandings between them, the couple started living separately and the woman went back to her parents’ house in Tiruchirappalli.
The husband filed a case for dissolution of marriage before the Family Court at Poonamallee and the woman sought its transfer to the Family Court at Tiruchirappalli.
The husband raised an objection to the woman’s plea stating she is a dentist and practicing and is capable of contesting the case filed by him at Poonamallee.
Regarding the fact that no application had been filed for interim maintenance in the present matter, the court opined that “even in the absence of any application, the Courts are bound to consider grant of interim maintenance in the interest of the minor children and to protect their livelihood, which is their fundamental right to life under Article 21 of the Constitution”.
“Remedy of maintenance is the measure of social justice as envisaged under the Constitution to prevent the wife and the children from falling into destitution and vagrancy. Preamble and Article 39 and 15(3) of the Indian Constitution envisage social justice and positive State action for empowerment of women and children,” the court said.
While allowing the woman’s plea for transferring the case, the court directed the husband to pay the interim maintenance of Rs 5,000 per month to his minor daughter on or before the 10th day of every calendar month.
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