CHENNAI: The Madras High Court has ordered that when the matrimonial dispute cases are kept pending for a long period, the family courts shall ensure the grant of interim maintenance amount for the minor children.
“Family Courts and the other Courts dealing with matrimonial matters must ensure that the interest of the minor children is taken care of and their livelihood is protected by all possible means. In view of the fact that a large number of maintenance petitions are kept pending by the Courts across the State of Tamil Nadu and no final orders are passed, this Court is of the considered opinion that in such circumstances, the Fundamental Rights of the minor children are infringed on account of such pendency for an indefinite period,” Justice SM Subramanian held.
He further pointed out that it is needless to state that after granting the interim maintenance or otherwise, the courts must ensure that the maintenance amount is recovered punctually and in the event of any failure, stern actions are to be initiated against the violators.
“There cannot be any compromise in the matter of protecting the livelihood of the children and the Courts are expected to show sensitivity in such issues, where the rights of children are infringed,” the judge added.
The court passed this order on hearing the petition filed by a woman to transfer the divorce petition from Family Court, Salem – husband’s place to sub-court Hosur – where her maternal house is located.
The petitioner claimed that since she is unemployed and maintaining the 7-year-old kid, she could not travel every time to Salem.
Recording the submissions, the judge ordered the transfer of the matter to Hosur with the above observations.