A divorcee alleged her mother and brother misappropriated Rs.15,00,000 permanent alimony and retained 12 sovereigns of her gold jewellery. The court held the alimony was her exclusive property, directed police to reopen her representation, issue notice under Section 64 BNSS, conduct a fresh enquiry, and act if receipt is proved.
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W.P.Crl.(MD)No.3056 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.Crl.(MD)No.3056 of 2026
Saranya
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st and 2nd respondents herein to recover petitioner's 12 Sovereigns of Gold Ornaments and Rs. 14,90,000 of amount settled to the petitioner, which is being illegally misappropriated, unlawfully retained by the 3rd and 4th respondents and consequently take appropriate action against the 3rd and 4th respondents, considering the petitioner's representation dated 12.05.2026 within a stipulated time.
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W.P.Crl.(MD)No.3056 of 2026
For Petitioner : Mr.M.Divakaran
For Respondents : Mr.S.Arun Arockiasamy (R1 & R2) Counsel for State of TN (Crl.Side)
ORDER
This writ petition has been filed seeking for a direction to the 1st and 2nd respondents herein to recover the petitioner's 12 sovereigns of gold ornaments and the amount of Rs. 14,90,000 of amount settled to the petitioner, which is being illegally misappropriated, unlawfully retained by the 3rd and 4th respondents and consequently take appropriate action against the 3rd and 4th respondents, considering the petitioner's representation dated 12.05.2026 within a stipulated time.
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W.P.Crl.(MD)No.3056 of 2026
respondents 3 and 4 failed to return the money and also retained 12 sovereigns of her gold jewellery, thereby defrauding her. In this regard, the petitioner submitted a representation dated 12.05.2026 before the respondent police seeking appropriate action. Since no action has been taken on the said representation, the present writ petition has been filed.
police submitted that an enquiry had already been conducted, during which both parties appeared before the respondent police. It was further submitted that the petitioner had given a written undertaking stating that the disputes between the parties would be resolved before the competent Civil Court. In view of the said undertaking, the enquiry was closed by the respondent police.
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W.P.Crl.(MD)No.3056 of 2026
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W.P.Crl.(MD)No.3056 of 2026
11.06.2026
NCC : Yes / No Index : Yes / No sm
TO :-
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W.P.Crl.(MD)No.3056 of 2026
L.VICTORIA GOWRI, J.
Sm
Order made in W.P.Crl.(MD)No.3056 of 2026
Dated 11.06.2026
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1 issue framed by the court
Should the police reopen the petitioner's representation and conduct a fresh enquiry into retention of her alimony amount and gold jewellery by respondents 3 and 4?
2 provisions across 2 enactments
Saranya
The Commissioner of Police, Madurai City
The Inspector of Police, Subramaniapuram Police Station, Vasantha Nagar, Madurai
Vasuki
Sivasankaran
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
