CHENNAI: Madras High Court has held that fathers cannot escape the liability of paying maintenance to take care of minor children and that it cannot tolerate such acts.
Allowing a petition filed by P Geetha seeking maintenance of her 11-month-old child and transfer of her matrimonial case to Tiruchy from Poonamallee, Justice SM Subramaniam, in a recent order, said when the livelihood, lifestyle or education of the children are in question, the courts must act as a custodian of minor child/children and award interim maintenance to protect their interest.
In many cases, employed mothers are taking care of their minor children, causing burden on the old parents while the earning fathers are escaping from the liabilities, the court said “Fathers are duty bound to maintain the minor children when there is a matrimonial dispute among the spouses. Denial of visiting right is not a ground to grant exemption from the payment of maintenance,” the judge said.
Ordering transfer of the matrimonial case to Tiruchy within four weeks, the judge directed the husband of the petitioner K Kirubaharan to pay an interim maintenance of Rs 5,000 by 10th of every month from December, 2022. The couple got married on Feb, 2020 and has a daughter.