The Madras High Court condemned attempts to misuse maintenance laws to drag remarried women back into past matrimonial disputes. The Court dismissed a grandfather’s plea, warning that such petitions revive hostility and undermine settled divorce agreements.
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CHENNAI: In a ruling aimed at preventing the misuse of maintenance laws to reignite long-settled marital disputes, the Madras High Court has upheld a Family Court order dismissing a maintenance petition filed by a paternal grandfather on behalf of his minor grandson against the child’s mother.
Justice L. Victoria Gowri dismissed the criminal revision petition, observing that the child’s welfare plea was not driven but was a misguided attempt to pull the mother back into past disputes despite a mutually agreed and judicially finalised divorce settlement.
The Court affirmed that Section 125 CrPC does not permit such petitions to be filed by someone who is not a natural guardian, unless they have been formally appointed as the guardian by a competent court.
Background
The case involved a 13-year-old boy residing with his paternal grandparents. The grandfather had filed a maintenance plea claiming that the child’s mother, now remarried and employed in a bank, should contribute to his upbringing.
However, the Family Court, Karur, had dismissed the petition in December 2023, holding that:
- The grandfather lacked locus standi as he was not the natural or court-appointed guardian.
- The father and grandfather had sufficient financial means to support the child.
- The petition appeared not bona fide.
Challenging this dismissal, the grandfather approached the High Court, alleging neglect by both biological parents despite their financial stability post-remarriage.
Court Observation
Justice Gowri pointed out that the minor’s parents had previously obtained a mutual consent divorce, under which:
- The father received full custody of the child.
- The father undertook to bear the entire maintenance expenses.
- The mother agreed not to claim or pay any maintenance.
- Both parents have since remarried.
The judge observed that this court-approved arrangement was final and binding, and could not be attacked indirectly by way of fresh proceedings.
“When the parents have consciously agreed to a framework for the child’s custody and maintenance, that arrangement has to be honoured,”
Justice Gowri stated.
Justice Gowri strongly criticised the petition as an attempt to disturb the dignity and stability of the mother’s new marital life.
The Court emphasised:
- Maintenance laws cannot be weaponised to revive hostility from past relationships.
- Such actions amount to judicial harassment, especially of women who have legally moved on.
- Courts must remain vigilant to protect the dignity and autonomy of women, integral to the fundamental right to life under Article 21 of the Constitution.
“Women, even after lawfully resolving marital disputes and rebuilding their lives, are often dragged back into the shadows of hostility under one guise or another. This Court cannot remain oblivious to such vulnerabilities.”
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The Court also recorded that the child’s father, employed with the Airport Authority of India, has been:
- Paying monthly maintenance,
- Maintaining a life insurance policy for the child’s benefit,
- Depositing ₹1.6 lakh in the child’s name.
This further weakened the grandfather’s claim that the child lacked financial support.
Finding no error in the Family Court’s reasoning, the High Court ruled that:
- The grandfather had no legal standing to file the petition.
- The maintenance claim was legally unsustainable and
- The filing carried improper motives aimed at reviving settled matters.
The Court therefore dismissed the criminal revision petition, confirming the order passed by the Family Court on December 21, 2023.
Case Title:
Minor.Vikash Rep. by his Grandfather and Guardian Karuppanan vs. Priya
CRL RC(MD)No.1148 of 2024
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