In a landmark decision, the Madras High Court stated that even if a father is not granted visitation rights in a divorce dispute case, he still has a duty to support and nurture his minor kid. It further emphasized that refusing to pay visitation fees is not a reason to grant an exemption from having to pay for such maintenance.
Denial of visiting rights is not a basis for awarding exemption, the Madras High Court notes, adding that a father has a duty to support his minor child in the event of a marriage dispute
Justice Subramanian issued the order after noticing that the woman’s husband had not been providing the couple’s child, who was living with the mother, with interim maintenance.
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It came to notice during the hearing that the husband was failing to provide the child with interim maintenance
The argument put up by the husband’s attorney was that he wanted to take care of the child, but the wife was preventing him from seeing the child, so he was unable to afford the interim maintenance.
Further, the court reprimanded the husband for his approach and said that the respondent, a public servant, would not be supported by the court in using such an approach.
The court further stated that it is the responsibility of the parents to care for and support minor children, and in this case, the father, who is the child’s natural guardian and an earning member, is required to take care of an 11-month-old female child.
In 2020, the couple was married, and a girl child was born out of wedlock. The couple began to have disagreements, so they split up, and the woman returned to her parents’ home in Tiruchirapalli.
The wife then requested that the matter be transferred to the family court in Tiruchirappalli after the husband filed a complaint for the dissolution of their marriage at Poonamallee’s family court.
The husband had raised the objection, claiming that the wife was a qualified practicing dentist who was financially competent to contest his Poonamallee case.
It was brought to the husband’s attention during the hearing that he was not even providing interim maintainance for the care of his minor child. The husband was ordered by the court to contribute equally to maintenance, along with the wife, for the child’s maintenance and well-being.
In accordance with Article 21, courts must take into account providing interim maintenance for minor child and safeguarding their livelihood
The court further ruled that under to Article 21 of the Constitution, the Courts are required to consider granting interim maintenance in the interest of the child and to safeguard their means of subsistence, even in the absence of a filed application for such maintenance.
The court further ruled that positive state action for the empowerment of women and children is contemplated under the Preamble, Article 39, and paragraph 15 of the Indian Constitution. Additionally, it was made clear that the remedy of maintenance is the social justice measure envisioned by the constitution to save the wife and child from becoming homeless and vagrants.
The court granted the women’s request to transfer the case and ordered the husband to provide his minor daughter with interim maintenance on or before the tenth of each month.
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