Wife sought mandamus to withhold her husband's pension and retirement benefits until maintenance arrears were paid. The court noted she should enforce the maintenance order before the magistrate itself and that the benefits had already been disbursed after his superannuation; the writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.20174 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.(MD) No.20174 of 2019
S.Thangabai .. Petitioner
Vs.
1.The District Collector, Kanyakumari District at Nagercoil.
2.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District.
3.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.
4.V.Chellathangam, (Night Watchman), Thasildar Office, Kalkulam Taluk, Thuckalay, Kanyakumari District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent Nos.1 to 3 to not to disburse the pension and retirement benefits of the 4th respondent until the arrears of maintenance as per the orders passed by the Judicial Magistrate-II,Kuzhithurai in M.C.No.10 of 2012 dated 26/08/2015 and the subsequent order passed by the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, in
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W.P.(MD).No.20174 of 2019
M.C.No.11 of 2015 dated 06/05/2016 to the petitioner is made by considering the representation of the petitioner, dated 20/08/2019.
For Petitioner : Mr.S.C.Herold Singh For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
This Writ Petition has been filed by the petitioner seeking injunction not
to disburse the pension and retirement benefits of the fourth respondent as per the order passed in the maintenance case.
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W.P.(MD).No.20174 of 2019
indicate that the petitioner, before the retirement of her husband, instead of taking action for recovery from the salary, she attempted to get the retirement benefits and since the same has been already settled, no further order is required to be passed in this case.
07.08.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
Indu
To
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W.P.(MD).No.20174 of 2019
K.RAJASEKAR,J.
Indu
W.P.(MD).No.20174 of 2019
07.08.2025
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1 issue framed by the court
Whether a writ of mandamus could issue to restrain disbursal of pension and retirement benefits to enforce maintenance arrears under Section 125(3) Cr.P.C.
2 provisions across 2 enactments
S.Thangabai
The District Collector, Kanyakumari District at Nagercoil
The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District
The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District
V.Chellathangam
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
