The duty of parents to maintain their minor children and the court's obligation to grant interim maintenance to protect the livelihood of the children during matrimonial disputes.

ORDER :

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.119 of 2022 from the file of the Sub Court at Cheyyar, Thiruvannamalai District and transfer the same to the file of the IV Additional Family Court at Chennai.

2. The marriage between the petitioner and the respondent was solemnised on 01.12.2009 as per Hindu Rites and Customs. From and out of the wedlock, two minor female children were born aged about 11 years and 7 years respectively. Both the minor female children were under the custody of the petitioner. Due to misunderstanding, both the petitioner and the respondent are living separately.

3. The respondent-husband appeared in person and made a submission that he is working as Assistant Engineer in the Tamil Nadu Electricity Board.

4. The submission of the learned counsel for the petitioner that the respondent is working at Chennai has not been disputed.

5. The respondent states that he is working as Assistant Engineer and now posted at Thermal Power Station at Attipattu nearby at Ennore.

6. It is not in dispute that a sum of Rs.15,000/- has already been awarded as maintenance as per the undertaking given by the respondent. Even the said amount has not been settled in entirety as of now. The dispute between the petitioner and the respondent is to be resolved in the HMOP already filed by the respondent for dissolution of marriage. However, the respondent has to maintain two minor daughters aged about 11 and 7 years respectively. Both the school going children are taken care of by the petitioner. The respondent is working as Assistant Engineer in the Tamil Nadu Electricity Board and therefore, he is bound to pay the maintenance punctually and promptly without any lapses.

7. The respondent, being a Government employee or Board employee, not maintaining his own minor children is a misconduct under the Conduct Rules applicable to the Tami Nadu Electricity Board. The matrimonial disputes are to be resolved between the parties. However, maintenance of minor children are of paramount importance and the Court has to interfere in such cases, where the husband is not paying the maintenance knowing the fact that the wife is unemployed.

8. In the present case, the petitioner is unemployed and she is depending on her parents and the relatives and not in a position to maintain her minor daughters, who all are school going children. Thus the respondent has to pay the monthly maintenance of amount promptly and that apart, the respondent has already given an undertaking that he will pay the school fees to the children in connection with educational expenses.

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

10. 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 11 and 7 year old girl children respectively. Such an approach of the respondent, being a Public Servant, at no circumstances, be encouraged by this Court.

11. Parents are duty bound to maintain their minor children. The 11 and 7 year old girl children respectively have 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 11 and 7 year old girl children respectively.

12. For grant of Interim Maintenance to the 11 and 7 year old girl children respectively, no application is required. Even in the absence of any application, the Courts are bound to consider grant of Interim Ma