Karpagalakshmi v. The Deputy Commander

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR Karpagalakshmi ... Petitioner Vs.

1. The Deputy Commander, Sashastra Seema Bal (SSB), Head Quarters, 37 Battalion, Mogalbecha, Dhula S.O (Po), Mangaldoi Head Office, Guwahati Head Quarters, Assam 784 146.

2. Manimaran ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS directing the 1st respondent to pay the Equal Share of Terminal Benefits of the 2nd respondent in the event of Retirement based on the Petitioners representation dated 26.05.2025 within the stipulated time may be fixed by this Honble Court and pass such or other orders may deems fit and proper in the circumstances of the above case and thus render Justice. For Petitioner : Mr.M.Prabu For R1 : Mr.M.Velavadhas 1/4

ORDER

This petitioner herein claims to be the wife of the second respondent. According to the petitioner, there are certain matrimonial disputes between the petitioner and the second respondent resulting in initiation of a maintenance proceeding vide M.C.No. 10 of 2022 on the file of the learned Judicial Magistrate No.1, Kovilpatti. 2.According to the learned counsel for the petitioner, the petitioner was granted maintenance of Rs.20,000/- per month but the same is not being honoured by the second respondent herein. As the second respondent is due to retire shortly, the petitioner has filed the present writ petition seeking a direction to the first respondent to pay equal share of terminal benefits payable to the second respondent on his retirement by considering her representation dated 26.05.2025.

3. This Court is afraid as to how this writ petition can be entertained. Absolutely, the petitioner herein, having already initiated the maintenance proceedings in M.C. No.10 of 2022, cannot claim share in the terminal benefits of the second respondent. If at all, the petitioner 2/4

has got any claim or interest in the terminal benefits or salary of the second respondent, it is always open for the petitioner to initiate appropriate execution proceedings to execute the order passed in M.C.No.10 of 2022. Apparently, the petitioner appears to have not taken any such steps, but the petitioner approached this Court by filing the present writ petition seeking the relief to pay equal share to the petitioner in the terminal benefits of the second respondent. Such a relief cannot be entertained by this Court under Article 226 of the Constitution of India. In the circumstances, this writ petition is dismissed. No costs. 04.06.2026 CM 3/4

MUMMINENI SUDHEER KUMAR,J CM

ORDER

IN WP(MD) No.14543 of 2026 Date : 04/06/2026 4/4