A woman, living separately with her children after a dispute with her husband, will now get a new family card, thanks to a Madras High Court order.
“A family includes not only the spouse and children but also the parents and dependants. As along as they are living under one roof, it is enough if one ration card is given. When there is a dispute and each person is able to give proof of a separate address, whether married or not, every person is entitled to a separate ration card,” Justice S. Vaidyanathan said.
A. Chithra of Kancheepuram district filed a writ petition, saying her husband was an alcoholic. Unable to bear with his harassment, she and her three sons were living separately. Her husband refused to part with the family card. Since she was not living with him, she was entitled to a separate card. She had no objection to her husband having a separate card. However, her husband could not refuse to part with the card or prevent her from getting a new one.
Objecting to the plea, the Additional Government Pleader said that if the prayer was granted, everyone would demand a separate card. It would not be feasible for the government to issue separate cards to individuals.
Mr. Justice Vaidyanathan cited a Madurai Bench order which, while considering whether two LPG connections in the same address would be given to two individuals, viz., a husband and wife, had held that the husband and wife were two individuals, and as a consumer, they were entitled to their own individual right to get the connection.
In the present case, the card had been given to the family. The petitioner’s husband had the card containing the names of the family members, while it was clear that the husband and the wife were living separately. Hence, Ms. Chithra and her children were entitled to a separate card. If separate proof of residence was given, the authorities were duty-bound to issue a family card, Mr. Justice Vaidyanathan said.
He directed the authorities to issue a ration card to the petitioner and her children within two months. If her husband approached the ration shop for drawing any product, the shop officer should seize the card, and after ensuring that the husband’s name alone was mentioned, hand it over to him.
