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Madras High CourtWA(MD)/379/2026dismissed

Selvakumar v. Devasena,

2026-03-18Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P(MD)No.3521 of 2026 Selvakumar ... Appellant/2nd Respondent vs.

1.Devasena ... 1st Respondent/Petitioner 2.The Sub Divisional Magistrate Cum Revenue Divisional Officer, Thanjavur, Thanjavur District.

...2nd Respondent/1st Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 01.07.2025 made in W.P(MD)No.17702 of 2025. For Appellant : Mr.C.Sruesh Kannan For R1 : Mr.A.Sivasubramanian For R2 : Mr.S.P.Maharajan Special Government Pleader 1/5

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.) The appellant has filed the present writ appeal challenging the order of the learned Single Judge, who directed the appellant to pay the arrears of maintenance, as ordered by the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Thanjavur District, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within a period of 30 days from the date of receipt of a copy of the order, failing which appropriate steps were to be initiated for enforcement of the order dated 25.04.2013.

2. The appellant is the son of the first respondent. Pursuant to a complaint lodged by the first respondent before the Sub-Divisional Magistrate-cumRevenue Divisional Officer, the said authority directed the appellant to pay maintenance at the rate of Rs.2,000/- each per month. As the appellant failed to comply with the said direction, the first respondent filed a writ petition.

3. The learned Single Judge, upon consideration, directed the appellant to pay the arrears of maintenance within a period of 30 days, and in default, granted 2/5

liberty to the first respondent to initiate appropriate proceedings under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

4. We find no merit in the present writ appeal, as the appellant has admittedly failed to pay the arrears of maintenance. It is open to the parties to work out their remedies for enforcement of the order in accordance with Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The learned Single Judge has also directed the Revenue Divisional Officer to ensure enforcement of the said order. Such enforcement shall be carried out in accordance with the provisions of Chapter IX of the Code of Criminal Procedure. Accordingly, the second respondent shall take appropriate steps, bearing in mind the aforesaid statutory provisions, to enforce the order.

5. In view of the above, we find no merit in the writ appeal, and the same is liable to be dismissed.

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6. Accordingly, the writ appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 18.03.2026 NCC : Yes / No Index : Yes / No am To The Sub Divisional Magistrate Cum Revenue Divisional Officer, Thanjavur, Thanjavur District.

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N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

am ORDER MADE IN DATED : 18.03.2026 5/5