ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.892 of 2022 pending on the file of the Additional Family Court, Coimbatore and to transfer the same to the V Additional Family Court, Chennai to try along with M.C.No.533 of 2022.

The petition for transfer is filed to withdraw the H.M.O.P.No.892 of 2022 pending on the file of the Additional Family Court, Coimbatore and to transfer the same to the V Additional Family Court, Chennai to be tried along with M.C.No.533 of 2022.

2. The marriage between the petitioner and the respondent was solemnised on 05.09.2016 as per the Hindu Rites and Customs. A male child was born from and out of the wedlock between the petitioner and the respondent and now aged about 3 years.

3. The petitioner states that the respondent/husband has completed Diploma Course in Automobile Engineering and was working as a Supervisor in the Union Motors Private Limited, Ras-al-Khaimah, Dubai and was earning approximately Rs.2,00,000/- per month during the relevant point of time. However, the learned counsel for the respondent states that the respondent is now at Coimbatore.

4. The learned counsel appearing on behalf of the petitioner states that the petitioner is now residing along with her parents and her child is suffering from Autism disorder. Thus, she has to spend towards medical expenses and the respondent is not even meeting out the maintenance of the child and not paying the medical expenditures.

5. The respondent filed H.M.O.P.No.892 of 2022 for Dissolution of Marriage, which is now pending on the file of the Additional Family Court at Coimbatore. The Petitioner filed Maintenance Case in M.C.No.533 of 2022 seeking maintenance, which is now pending before the V Additional Family Court at Chennai. Thus, the petitioner has chosen to file the present Transfer Petition.

6. The learned counsel for the respondent made a submission that the respondent is unemployed as of now. However, the statement is not substantiated and more so, the respondent was working as a Supervisor in Union Motors Private Limited, Ras-al-Khaimah, Dubai and was earning approximately Rs.2,00,000/- (Two Lakh Rupees) per month. That being the factum, which is not disputed by the respondent, the respondent is bound to maintain the livelihood of the child and he is liable to meet out the medical expenditures. The respondent being a father and natural guardian cannot be allowed to evade from his responsibility of maintaining the minor child, since the minor child has got the right to live, which is to be protected by the Constitutional Courts under Article 21 of the Constitution of India.

7. The place of the petitioner/wife is considered for the purpose of adjudication of the maintenance case. The Court concerned has to consider the grant of interim maintenance in such circumstances taking note of the mitigating factors. If the petitioner/wife is unemployed and the child is being maintained by her without any source of income, then the livelihood of the child is also to be protected by the Trial Courts.

8. In such circumstances, Courts are bound to grant interim maintenance to protect the livelihood of the minor children. In the present case, the petitioner had already filed a maintenance case in M.C.No.533 of 2022, before the V Additional Family Court at Chennai, which is pending.

9. This Court is of an opinion that wherever the wife is unemployed and has to maintain, the Court concerned is expected to grant interim maintenance to protect the livelihood of the minor children, which is a basic right under Article 21 of the Constitution of India.

10. Maintenance being the livelihood of a child and Right to Life being an integral part of Article 21 and a Fundamental Right, the Courts are bound to interfere in such circumstances and ensure that the maintenance of the children are protected at all circumstances even during the sustenance of the Matrimonial dispute between the husband and wife. The