LAWS(MAD)-2023-1-311

K. SUMITHRA Vs. R. P. DURAIBABU

Decided On January 05, 2023
K. Sumithra Appellant
V/S
R. P. Duraibabu Respondents

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the petition filed in FCOP No.57 of 2022 from the file of the Family Court, Chengalpattu to the file of the VI Additional Family Court, Chennai, to be tried along with M.C.No.41 of 2020, which is pending.

(2.) The marriage between the petitioner and the respondent was solemnised on 25/4/2010 as per the Hindu Rites and Customs. One female child was born from and out of the wedlock between the petitioner and the respondent and now aged about 11 years. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent/husband filed FCOP No.57 of 2022 before the Family Court, Chengalpattu for Dissolution of Marriage. The petitioner/wife has filed a Maintenance Case in M.C.No.41 of 2020 on the file of the VI Additional Family Court, Chennai. The petitioner/wife is unemployed and now residing along with her parents at Chennai and depending on them for her livelihood. Further, she has to take care of the female child, who is school going. Thus, the petitioner is not in a position to spend, travel and contest the case filed by the respondent/husband.

(3.) This Court is of the considered opinion that the disputes are no way connected with the maintenance of a minor child. Dispute between the husband and wife is to be resolved in the manner known to law or they can go for Conciliation for reunion or otherwise. However, the interest of the minor child is of paramount importance and the Courts are bound to protect the interest of the minor children at all circumstances.