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2017 Supreme(Mad) 875

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DEVADASS, J.
A. Savitha Ujwala & Anr. - Petitioners
Vs.
M.R. Venkatagiri - Respondent
Civil Revision Petition (PD) No. 3406 of 2013 & M.P. No. 1 of 2013
Decided On : 25-04-2017

Advocates Appeared:
For the Petitioners: Ms. R.T. Shyamala

Headnote:

Criminal Procedure Code - Section 125 - Hindu Marriage Act, 1955 - Section 24, 26 - Special Marriage Act, 1954 - Section 36 -- Indian Divorce Act, 1869 - Section 37 - Eventual separation - Seeking divorce - Maintenance petition - Revision petitioner married the respondent according to Hindu rites and customs. They were blessed with a daughter - Perhaps, one more woman born to suffer in this world - Couples were lead happy married life. But it did not long last - There was eventual separation. She came to her parents house along with the child. It is because of the matrimonial discordance arise between them - Renumbered as H.M.O.P - It is being not enquired into by the I Additional Judge, Family Court - Held, Our aim should be to secure succor to the affected women and children quickly - Matters delayed justice is denial of or burial of justice. Here hurried justice is the need of the hour. Our learned Judges are to be sensitized - They must made of aware of this darker side of gender justice. The same situation prevails in the Criminal Courts, in the Court of Judicial Magistrates, Metropolitan Magistrates, Mahila Courts, Family Courts, Sub-Courts and District Courts - Court have also issued several directions for the speedy disposal of these simple maintenance petitions - Learned I Additional Principle Judge, Family Court is directed to dispose of I.A. in HMOP within a period of 15 days from the date of receipt of a copy of this order - Trial court should submit its completion report to the Registrar(Judicial) of this Court - Miscellaneous petition is closed.

ORDER :

As only a short and straight question is involved and only a very minimal relief is sought for, we shall dispose of this revision petition today at the admission stage itself.

2. The revision petitioner married the respondent on 19.02.2010 in Dindugul, according to the Hindu rites and customs. They were blessed with a daughter. Perhaps, one more woman born to suffer in this world. The couples were lead happy married life. But it did not long last. There was eventual separation. She came to her parents' house along with the child. It is because of the matrimonial discordance arise between them.

3. The husband filed H.M.O.P.No.3 of 2012 in the Subordinate Court, Dindugul, seeking divorce on the ground of cruelty. She entered appearance. Later, based on the orders of this Court, the said HMOP has been transferred to Family Court, Chennai. It was renumbered as H.M.O.P.No.4157 of 2012. It is being not enquired into by the I Additional Judge, Family Court, Chennai.

4. In the said HMOP, she filed I.A.No.142 of 2013 seeking pendente lite maintenance for herself and for her daughter and also litigation expenses under Section 24 of the Hindu Marriage Act, 1955. In the meanwhile the revision petitioner/wife lost her father. He left the world unable to see the sufferings of his daughter and grand daughter.

5. The docket entries made in I.A.No.142 of 2013 shows that simple maintenance petition came to be adjourned from time to time for filing counter by the husband.

6. At this juncture, the wife moved this Court by way of filing this CRP No. 3406 of 2013 under Article 227 of the Constitution of India for issuing relevant direction to the Family Court, Chennai to dispose of her interim petition expeditiously.

7. An husband's obligation to maintain his wife arises on his marriage with a woman. Such obligation towards his children arises on their birth. These obligations are imposed on him ''by operation of law''. It is also a ''moral obligation'' imposed upon him. It is 'immoral' and 'illegal' to deny them maintenance. In my view, it is a ''sacred duty of an husband or father'', as the case may be, towards his wife and children. This is the least the father of a girl expects from his son-in-law. Otherwise why should he marry a woman and leave her and her children in lurch in the street. If he is not in a petition to maintain her and the children he should have remarried a bachelor.

8. Besides the love and affection of their father, the children can also seek financial support from their putative father for their genuine and reasonable needs. It is ''too cruel on his part to deny them maintenance''. There may be many disputes or differences between the parents but that cannot be a reason to refuse them maintenance and make them to suffer. ''In matrimonial disputes the innocent children are the worst sufferers''. The warring couples fail to understand their sufferings. The relief of divorce has been granted by Court to a couples, though they become ex-husband and ex-wife, they continue to be the parents of their children.

9. In the matrimonial proceedings instituted under the said personal laws, the wife and children can seek maintenance against the husband/father, as the case may be. It is to provide them financial support. It is for their survival, as long as the matrimonial proceedings are pending. Thus, they came to be called 'pendent lite maintenance'. It is also a 'temporary alimony' to the wife. They are in the nature of granting 'interim relief, 'interim measure', 'interim protection'.

10. The component of such maintenance includes a 'reasonable and a fair' amount for the woman to maintain herself 'according to the mode of life to which she is accustomed to', 'according to the status to which she is entitled to', 'according to the mode or life style to which her husband is accustomed to'. But, in any case, it cannot be for a luxurious mode of living or for 'extravagansa' and not beyond the means of the husband. In the case of children, t

































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