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2026 Supreme(Online)(Mad) 24617

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Selvakumar – Appellant
Versus
Devasena – Respondent
Writ Appeal No. 379 of 2026 | C.M.P No. 3521 of 2026



Advocates:
For the Appellants/Petitioners: Mr.C.Sruesh Kannan
For the Respondents: Mr.A.Sivasubramanian, Mr.S.P.Maharajan Special Government Pleader

Failure to comply with maintenance orders leads to enforcement actions under the Maintenance and Welfare of Parents and Senior Citizens Act.

Headnote:The appellant challenged a Single Judge's order directing payment of maintenance arrears under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ruling the appellant must comply within 30 days or face enforcement. The court observed the appellant’s failure to pay and dismissed the writ appeal, enabling the first respondent to seek remedies for enforcement under statutory provisions, emphasizing adherence to the Code of Criminal Procedure.

Table of Content
1. appellant's obligation for maintenance (Para 1 , 2 , 3)
2. court affirms enforcement procedures (Para 4)
3. writ appeal outcome (Para 5 , 6)

[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 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.

6. Accordingly, the writ appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

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