The duty of parents to maintain their minor children, the principles of social justice under Article 21 of the Constitution of India, and the interpretation of jurisdiction under Section 19 of the Hindu Marriage Act were central to the judgment.

ORDER :

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.65 of 2021 from the file of the Family Court at Perambalur and transfer the same to the file of the Sub Court at Kallakurichi to be tried along with HMOP No.82 of 2022.

2. The marriage between the petitioner and the respondent was solemnised on 11.11.2018 as per Hindu Rites and Customs. From and out of the wedlock between the petitioner and the respondent, one male child was born now aged about 2 years old. Due to misunderstanding, both the petitioner and the respondent are living separately.

3. The learned counsel for the petitioner states that the respondent filed HMOP No.65 of 2021 for dissolution of marriage before the Family Court at Perambalur. The petitioner filed HMOP No.82 of 2022 before the Sub Court at Kallakurichi for restitution of conjugal rights. The petitioner is unemployed and she is depending on her parents. The petitioner and her two year old male child are now residing along with her parents at Kallakurichi. Thus, she is not in a position to travel all along from Kallakurichi to Perambalur and contest the dissolution of marriage filed by the respondent in HMOP No.65 of 2021 before the Family Court at Perambalur.

4. The learned counsel for the petitioner brought to the notice of this Court that the respondent is working in Information Technology Sector and the petitioner is unemployed. The petitioner has to maintain her two year old male child and she is depending on her parents both for her livelihood and for the maintenance of her two year old male child. The respondent-husband is not paying Interim Maintenance to the child as well as the petitioner-wife.

5. The learned counsel for the respondent objected the said contention by stating that the respondent is willing to take care of the minor child and the petitioner is not allowing the respondent to see the child and therefore, he is not in a position to pay the Interim Maintenance.

6. The learned counsel for the respondent reiterated that unless the petitioner permits the respondent to visit the child, he will not be in a position to pay the Interim Maintenance. The tenor of the respondent expressed through the learned counsel for the respondent shows the attitude and conduct of the respondent, who is none other than the father of the 2 year old child. Such an approach of the respondent, at no circumstances, be encouraged by this Court.

7. Parents are duty bound to maintain their minor children. The 2 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.

8. For grant of Interim Maintenance to the minor children, no application is required. 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 the Fundamental Right to life under Article 21 of the Constitution of India.

9. 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.

10. Many citizen in our Great Nation on account of certain matrimonial issues, never think of filing a formal petition for maintenance even to the minor children. In such circumstances, Courts are expected to consider and grant Interim Maintenance to protect the livelihood of the minor children during the pendency of the matrimonial disputes between the husband and wife.

11. Court must act as a custodian of minor children, when such children are neglected by either of the parents. When the mother of the child is unemployed and living along with her parents mostly is the situation prevailing in our country. Grandpar