It is the duty of courts to protect their interest, if parents in matrimonial disputes are not filing applications for Minor Children’s maintenance

Madras High Court

In this case of divorce, the Madras High Court said parents are duty bound to maintain their minor children, and in absence of formal application, the court said it is the duty of court to protect the interest of Minor Children. The case was P. Geetha V/S V. Kirubaharan Tr.C.M.P.No.764 of 2022 and C.M.P.No.13069 of 2022. The case presided by Mr. Justice SM Subramaniam.

Facts of the cases

  • The marriage between the petitioner and the respondent was solemnized on 12.02.2020 as per Hindu rites and customs. They have one 11 month old. The child is under the custody of the petitioner. Due to some misunderstanding both are in matrimonial disputes.
  • The petition was filed by the lady for the transfer of the divorce case from poonamalle to Tiruchirappalli.
  • The learned counsel said that the respondent is not paying the maintenance for the minor child and even for the petitioner. The learned counsel of respondent argued that the petitioner is a dentist and she is practicing also so she is capable enough to contest this case of divorce and he also said that respondent is ready to pay the maintenance to the minor child but petitioner is not allowing the respondent to meet the child.


The madras high said that through the order that interim maintenance is conditional on the circumstances if the wife or husband who makes the claim has no independent income sufficient for her or his support, it is no answer to a claim of maintenance that the wife is educated and could support herself.

The court said that the parties to the matrimonial disputes are not even filing any formal application for the grant of maintenance even for the minor child or children. It said that in such circumstances it is the duty of the court to ensure the interest of the minor child by granting interim maintenance till there is no application has been submitted. It also added that “the respondent being the father is responsible “The respondent, being the father, is responsible for the maintenance of the child. Thus he has to share the maintenance along with the petitioner for the livelihood of the child, which is now with the custody of the petitioner-wife. The Interim Maintenance of Rs.5,000/- per month is directed to be paid by the respondent to the petitioner on or before the 10th day of every calendar month, which is to be deposited in the Bank Account of the petitioner” said the court.

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