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2023 Supreme(Mad) 238

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
S.Gomathie Priya – Appellant
Versus
E.Venkatesh Perumal – Respondent
Tr.C.M.P.No.1331 of 2022 and C.M.P.Nos.22466, 22467 and 22470 of 2022
Decided on : 30-01-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Prabakar
For the Respondent: Mr.M.Sankar Ganesh

Headnote:

Constitution of India, 1950 – Article, 21, 39,15(3) – Civil Procedure Code, 1908 – Section 24 – No person shall be deprived of his life or personal liberty except according to procedure established by law – That citizens, men and women equally, have right to an adequate means to livelihood – Powers to legislature to create special provisions for women and children – Demonstrate that it empowers High Court to transfer any suit, Appeal or other proceedings to any other Court – Civil Revision Petition is filed to withdraw H.M.O.P pending on file of Family Court, and transfer same to Family Court – Held, Apart from interim maintenance of per month, respondent/husband is directed to pay all school fees directly to School administration or through petitioner/wife, who in turn, shall produce receipt issued by School authorities – interim maintenance and payment of school fees granted by this Court is not a bar for petitioner/wife to claim final maintenance by initiating appropriate proceedings – In event of any failure on part of respondent/husband in paying interim maintenance as granted by this Court in present Transfer Petition, petitioner/wife is at liberty to move contempt proceedings before this Court – Petition allowed.

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.411 of 2022 pending on the file of the Family Court, Tirunelveli and transfer the same to the Family Court at Chennai.

The Civil Revision Petition is filed to withdraw the H.M.O.P.No.411 of 2022 pending on the file of the Family Court, Tirunelveli and transfer the same to the Family Court at Chennai.

2. The marriage between the petitioner and the respondent was solemnized on 03.11.2006 as per Hindu Rites and Customs. Two children were born from and out of the wedlock between the petitioner and the respondent and the daughter namely minor Eshapurnikka is aged about 15 years and the son namely Eshwersaisriram is aged about 9 years. Both the children are now living with the petitioner/mother at Chennai. Due to misunderstanding and on account of certain disputes, the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.411 of 2022 for Dissolution of Marriage, now pending on the file of the Family Court at Tirunelveli. The petitioner/wife filed Maintenance Case in M.C.No.8 of 2023, now pending on the file of the VII Additional Family Court, Chennai.

3. The petitioner and the respondent along with their children were residing in United Kingdom and the petitioner returned back to India along with the family on 03.11.2022. The respondent/husband is now residing at Tirunelveli, wherein he has filed Divorce Petition in H.M.O.P.No.411 of 2022 before the Family Court at Tirunelveli.

4. The children are unable to secure admission in Schools at Chennai on account of the fact that the original certificates are missing. In this regard, the petitioner/wife filed a police complaint and during the relevant point of time, she had given a complaint for man missing also, since the whereabouts of the respondent/husband was not known. The Police found that the allegations are relating to matrimonial dispute and no further action was taken. However, FIR was registered in FIR No.612 dated 06.11.2022.

5. Today, both the petitioner and the respondent along with the minor daughter are present before this Court.

6. Matrimonial dispute between the petitioner and the respondent are to be adjudicated in the Divorce Petition filed by the respondent/husband. However, this Court has to protect the interest of the children, as they have discontinued their education and returned back to India. The minor daughter is aged about 15 years and capable of understanding. She informed this Court that she has to continue her studies with reference to the syllabus, which she had studied in United Kingdom.

7. Accordingly, Mr.Veeraraghavan, learned counsel voluntarily assisted the Court for the purpose of securing school admission to the two children and as per his information, the school namely Lalaji Memorial Omega International School, Omega School Road, No.79, Pallavaram Road, Kovur, Chennai has agreed to admit the children in their school and further they have agreed that they need not produce all relevant certificates at present and they will be allowed to continue their education with immediate effect. The voluntary services rendered by Mr.Veeraraghavan, learned counsel stands appreciated and placed on record.

8. In this regard, the respondent shall approach the Principal of the School and admit the children and facilitate them to continue their education without any gap. The respondent/husband is raising several allegations against the petitioner/wife, which need not be adjudicated in the present Transfer Petition, as those allegations are to be adjudicated with reference to the evidences and other documents, if available in the Divorce Petition. However, this Court has to protect the interest of the children, as the petitioner/wife is unemployed and living separately at Chennai and two grown up children are to be maintained.

9. For grant of Interim Maintenance to the minor children, no application is required. Even in the absence of any

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