FREENAWINCY Vs. SARAN ROZARIO

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the I.D.O.P.No.520 of 2022 on the file of the Family Court at Salem and transfer the same to the Family Court at Thiruvannamalai.

(2.) The marriage between the petitioner / wife and the respondent / husband was solemnised on 30/8/2018 as per the Christian Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent / husband filed I.D.O.P.No.520 of 2022 for Divorce, now pending on the file of the Family Court at Salem.

(3.) The learned counsel for the petitioner / wife states that the respondent / husband is working as a Teacher in Government School and not paying any maintenance even to the minor child. As far as the minor child is concerned, the father is the natural guardian as per the Guardians and Wards Act, 1980 and therefore, he is responsible for maintenance of the child. The livelihood of the child is to be protected by the Courts and when the mother of the child is unemployed, the duty costs upon the father to pay maintenance during the pendancy of the matrimonial disputes.