[Cites 3, Cited by 0]
Madras High Court
Selvakumar vs Devasena ... 1St on 18 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.A(MD)No.379 of 2026
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
W.A(MD)No.379 of 2026
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
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W.A(MD)No.379 of 2026
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-cum-
Revenue 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
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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
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