Justice S.M. Subramaniam allowed a transfer petition filed by the mother/petitioner of a 10-year-old girl child who wasn’t able to attend the proceedings in Pudukkottai since she was unemployed and residing with the daughter in Ponneri. The court also held that the father was duty-bound to pay interim maintenance to the girl child under the Guardian and Wards Act and in case of any violation, the District Collector has to initiate disciplinary actions against him.
Brief Facts:
The present transfer petition dealt with a transfer case requested to be moved from the file of the Family Court at Pudukkottai to the file of Sub Court at Ponneri. Based on a matrimonial and child-custody issue, this case also involved the question on responsibility of the father to pay interim maintenance to his 10-year-old daughter.
Contentions of the Petitioner:
The learned counsel for the petitioner stated that the petitioner is unemployed and was residing along with her parents. She had to take care of her 10 years old female child and spend for her education. The respondent works as Village Administrative Officer (VAO) in the Revenue Department and earns a substantial amount. The respondent filed for Dissolution of Marriage on the file of the Family Court at Pudukottai. Therefore, the petitioner was not in a position to spend, travel and contest the case filed by the respondent.
Contentions of the Respondents:
The learned counsel for the respondent objected the petitioner’s said contention by stating that the respondent was willing to take care of the minor child and the petitioner was not allowing the respondent to see the child and therefore, he was not in a position to pay the Interim Maintenance.
Observations of the Court:
The court held that the 10-year-old child has to be taken care of by the father, who is the natural guardian and an earning member. The petitioner/wife is unemployed and therefore, the respondent/father has to maintain the child. Further, in the event of any failure on the part of the respondent in paying the Interim Maintenance to the minor girl child, the petitioner is at liberty to submit a complaint to the District Collector concerned under whom the respondent is working as the Village Administrative Officer (VAO). In such circumstances, the District Collector concerned is bound to initiate appropriate Disciplinary Proceedings against the respondent for committing an act of misconduct under the Tamil Nadu Government Servants Conduct Rules.
The court also acknowledged the fact that to grant Interim Maintenance to the minor children, no application is required. Even in the absence of any application, the Courts are bound to consider the grant of Interim Maintenance in the interest of the minor children and to protect their livelihood, which is the Fundamental Right to life under Article 21 of the Constitution of India. The court held that in the present case, the transfer of the case is to be considered since the petitioner is unemployed and taking care of 10-year-old girl child and she is residing along with her parents at Chennai. That being the case, the divorce case filed by the respondent is to be transferred to the place, where the petitioner resides.
Decision of the Court:
The divorce case was transferred and the father was directed to pay the interim maintenance to his daughter.
Case Title: M. Mahalakshmi vs M. Vijayakumar
Coram: Honourable Justice S.M. Subramaniam
Case No.: Tr.C.M.P.No.567 of 2022 and C.M.P.No.9934 of 2022
Advocate for the Petitioner: Mr. B. Thiyagarajan
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