'Cannot Be Made Family Court': Madras High Court Dismisses Woman's Plea To Stop Pension Benefits Of Husband Over Unpaid Maintenance
The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues. Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against...
The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues.
Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against the husband, it was upon her to initiate execution proceedings for execution of the order.
“This Court cannot be converted as an Execution Court or a Family Court for resolving the disputes between the petitioner and the third respondent, who are wife and husband. If at all the petitioner succeeded in the maintenance case against the third respondent, it is for her to initiate execution proceedings or otherwise for execution of the said orders. But, under no circumstances, the petitioner can be allowed to maintain the present writ petition either for execution of the orders passed in the maintenance case or to resolve the dispute between her and the third respondent,” the court said.
The marital relationship of the husband and wife had strained, which led the wife to initiate various proceedings before the Family Court/Civil court for maintenance. Orders were passed in favour of the wife, directing the husband to pay maintenance. Since these orders were not complied with, the wife had moved the High Court seeking directions to the Administrator of Tamil Nadu State Transport Corporation Employees Pension Fund Trust and the General Manager of Tamil Nadu State Transport Corporation (KUM) Ltd, not to disburse the terminal benefits payable to the husband.
The court, after considering the materials, opined that the writ petition filed by the wife was not maintainable. The court observed that the respondent authorities had not infringed any legal or constitutional right of the wife and her only grievance was against the husband.
Thus, the court was inclined to dismiss the plea. The court however, made it clear that the wife was at liberty to agitate her rights and all other contentions before the appropriate forum by initiating proceedings.
Counsel for Petitioner: Mr. A. Abbas Mandhiri
Counsel for Respondents: Mr. S. C. Herold Singh Standing Counsel
Case Title: Rajammal v The Administrator and Others
Citation: 2026 LiveLaw (Mad) 251
Case No: W.P.(MD) No.14786 of 2026