K.Selvasundari v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21048 of 2025 K.Selvasundari ... Petitioner Vs.

1. The Chief Educational Officer, Virudhunagar District, Virudhunagar.

2. The District Educational Officer, (Elementary Education), Sivakasi, Virudhunagar District.

3. The Block Educational Officer No.1, Sivakasi, Virudhunagar District.

4. Sudalaikani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to forthwith include the name of the petitioner as the lawfully wedded wife of the fourth respondent in his service record maintained by the Education Department within a time frame as may be fixed by this Court. 1/5

For Petitioner : M/s.L.Thenmozhi For R1 to R3 : Mr.M.Sidharthan Additional Government Pleader

O R D E R

The present Writ Petition has been filed by the wife of the fourth respondent seeking a Mandamus to include her name as the legally wedded wife of the fourth respondent in the service record maintained by the Education Department.

2. A perusal of the records reveal that the fourth respondent has filed H.M.O.P No.158 of 2012 seeking divorce and the petitioner has filed H.M.O.P.No.28 of 2015 seeking restitution of conjugal rights before the Additional Sub Court, Srivilliputhur. The divorce petition filed by the husband was dismissed and the restitution of conjugal rights petition filed by the wife was allowed by way of a common order dated 12.07.2019. The said order reached finality.

3. The wife had filed M.C.No.1 of 2016 seeking maintenance and an order was passed by the Judicial Magistrate, Rajapalayam, directing payment 2/5

of Rs.7,000/- per month as maintenance on 11.11.2019. The said order was put to challenge by the husband as well as the wife before this Court in Crl.R.C.(MD) Nos.474 and 509 of 2020. By way of common order dated 14.10.2020, this Court was pleased to allow the Revision filed by the wife and enhanced the maintenance from Rs.7,000/- to Rs.8,500/- and dismissed the Revision filed by the husband.

4. In view of the above said facts, it is clear that there is no dispute with regard to the matrimonial status between the petitioner and the fourth respondent. Hence, the authorities cannot refuse to incorporate the name of the writ petitioner as the legally wedded wife of R4 in the service records.

5. In view of the above said facts, the authorities are directed to consider the request of the petitioner in the light of the above said facts and pass orders accordingly within a period of eight weeks from the date of receipt of a copy of this order.

3/5

6. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

01.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Chief Educational Officer, Virudhunagar District, Virudhunagar.

2. The District Educational Officer, (Elementary Education), Sivakasi, Virudhunagar District.

3. The Block Educational Officer No.1, Sivakasi, Virudhunagar District.

4/5

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.21048 of 2025 01.08.2025 5/5