ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure-Code, to withdraw the HMOP No.39 of 2022 from the file of the Family-Court, Tanjavur and transfer the same to the Family Court, Chennai.-

The marriage between the petitioner and the respondent was solemnised on 31.08.2014 as per Hindu rites and customs. Two female children were born from and out of the wedlock between the petitioner and the respondent and they are now aged about seven and three years. Both the minor children are in the custody of the petitioner/wife and the respondent filed HMOP No.39 of 2022 for divorce on the file of the Family Court at Thanjavur,

2. The learned counsel for the petitioner states that the petitioner is employed in a private company at Chennai and therefore, she is not in a position to travel and contest the divorce case filed by the respondent/husband in HMOP No.39 of 2022 pending on the file of the Family Court at Thanjavur. The petitioner further states that an application seeking maintenance is also pending and the interim maintenance sought for is not granted by the Court.

3. As far as the grant of interim maintenance is concerned, the Court concerned has to consider it without any delay as the interest and welfare of the minor children are to be protected. The livelihood of the minor children is to be considered and whenever an application for maintenance is filed by the aggrieved person, then such applications are to be decided without further delay. Interim Maintenance is to be granted taking note of the income, family status, and other factors and regarding the final maintenance, the issues between the parties are to be adjudicated and determined

4. Parents are duty bound to maintain their minor children. The minor child has to be taken care of by the father, who is the natural guardian and an earning member. 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.

5. 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. 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.

6. Many women in our country may not be fully aware of their right to maintenance and more so, to the minor children. In the event of a dispute between the husband and the wife, mostly the wife is driven out to their parents' house along with the children and they are made to suffer. Under those circumstances, the Courts are expected to borne in mind that the right of the children for maintenance is to be protected and interim maintenance is to be granted with immediate effect so as to save the children from destitution. An unemployed mother or even an employed mother may not be in a position to provide a better livelihood to the children while staying alone. Thus, an interim maintenance is the basic right of minor children which cannot be denied by the Courts even if no application for grant of such maintenance is filed by the wife.

7. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:-

(i) The Hon'ble Division Bench of the High Court of Madras in W