Madras High Court Family Law Digest 2023

Parents In Matrimonial Disputes Not Filing Applications For Minor Children's Maintenance, Duty Of Courts To Protect Their Interest: Madras High Court Case Title: P Geetha v. V. Kirubaharan Citation: 2023 LiveLaw (Mad) 2 While allowing a petition filed by a woman for transfer of a divorce petition from Poonamalle to Tiruchirappalli, the Madras High Court said parents are duty bound to maintain their minor children and in absence of a formal application, the courts also are bound to consider grant of interim maintenance to protect the interests of minor children. Justice SM Subramaniam said though order of interim maintenance is conditional on the circumstances that 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. District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court Case Title: M Mahalakshmi v. M Vijayakumar Citation: 2023 LiveLaw (Mad) 17 While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter. While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the District Collector to take strict action against the officer under service rules if he failed to pay such interim maintenance. Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like 'Shariat Council' Can't Certify Dissolution Of Marriage: Madras High Court Case Title: Mohammed Rafi v. State of Tamil Nadu and Others Citation: 2023 LiveLaw (Mad) 34 The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula. Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes. The bench noted that even previously, the High Court in Bader Sayeed Vs. Union of India had restrained bodies such as Kazis from issuing certificates dissolving marriages by Khula. Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court Case Title: P Amutha v Gunasekaran Citation: 2023 LiveLaw (Mad) 36 The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance. Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed, "Lawful claim due to a woman in distress should not be denied heartlessly and lawlessly. The conscience of social justice, the cornerstone of our constitution will be protected. Therefore, I hold that the maintenance allowance granted to wife cannot be considered as a debt and she is not a creditor. Hence, exemption under Section 11 of the Pension Act 1871 as well as the exemption provided in Section 60(1)(g) of Civil Procedure Code, cannot be granted to husband." Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court Case Title: KC v. UK Citation: 2023 LiveLaw (Mad) 40 The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India (OCI) card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts. Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence (DV) Act "unambiguously stipulates that aggrieved person temporarily residing or carrying out business or employed is also falling within the ambit of the Domestic Violence Act, 2005. Therefore, a person, who is temporarily residing in India or Overseas Citizen of India, if abused economically by the spouse, who is residing in other country, is entitled to seek relief under the Act. The cause of action arouses in India, since the aggrieved person is residing in India." Second Petition For Divorce On Grounds Like Cruelty, Desertion, Adultery Not Hit By Res-Judicata When Founded On New Facts: Madras High Court Case Title: S v. V Citation: 2023 LiveLaw (Mad) 42 The Madras High Court recently said that as far as grounds for dissolution of marriage are concerned, they are of continuing nature. Justice GK Ilanthiraiyan held that when the cause of action is of continuing and recurring nature, the...

Madras High Court Family Law Digest 2023

Upasana Sajeev

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