CRL.OP.(MD)No.12950 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2026 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CRL.OP.(MD)No.12950 of 2026 and CRL.MP.(MD)No.12658 of 2026 Selvakaruppasamy ... Petitioner Vs Devaki ... Respondent PRAYER:- Criminal Original Petition filed under Section 528 BNSS, to call for the records relating to the proceedings of Crl.M.P.No.228 of 2026 in M.C.No.5 of 2024 on the file of the Judicial Magistrate No.I, Sivakasi, Virudhunagar District and to quash the same. For Petitioner : Mr.A.Manikandan ORDER Present criminal original petition has been filed by the husband, who is the respondent in M.C.No.5 of 2024, seeking to quash the 1/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.12950 of 2026 proceedings in Crl.M.P.No.228 of 2026, which is pending on the file of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District. 2.A perusal of records reveals that the petitioner is suffered from the order in M.C.No.5 of 2024 dated 25.03.2026, wherein, the petitioner has been directed to pay maintenance at the rate of Rs12,000/- per month for the period of 22 months. The petitioner has also been directed to pay Rs.10,000/- towards cost. Since the said order was not complied with, wife of the petitioner filed a petition in Crl.M.P.No.228 of 2026 to execute the said order. Challenging the said petition, the present criminal original petition has been filed by the petitioner. 3.According to the learned counsel for the petitioner, already an order of divorce has been granted in H.M.O.P.No.82 of 2024 by the Sub Court, Sivakasi, on 07.08.2025. In such circumstances, according to him, the question of payment of maintenance would not arise. He further submitted that he is ready to pay the maintenance up to the 2/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.12950 of 2026 date of divorce. Therefore, he prayed to stay the proceedings in the impugned petition. 4.Heard the learned counsel for the petitioner and perused the available records. 5.It is not in dispute that the petitioner has not challenged the order in M.C.No.5 of 2024 dated 25.03.2026. There are no legal grounds to quash the petition in Crl.M.P.No.228 of 2026, which has been filed to execute the order in M.C.No.5 of 2024. 6.As far as the plea of the petitioner that an order of divorce has already been granted is concerned, the same would not take away the liability of the petitioner to pay maintenance till the wife gets remarried. The petitioner has expressed his willingness to deposit the maintenance amount before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District. 3/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.12950 of 2026 7.In view of the above, this Criminal Original Petition is disposed of with a liberty to the petitioner to approach the concerned Court and deposit the amount, in order to avoid any further execution proceedings. Consequently, connected miscellaneous petition is closed. NCC : Yes/No 01.07.2026 Index : Yes/No Internet:Yes/No gns To The Judicial Magistrate No.I, Sivakasi, Virudhunagar District. 4/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.12950 of 2026 R.VIJAYAKUMAR , J . gns CRL.OP.(MD)No.12950 of 2026 01.07.2026 5/5 https://www.mhc.tn.gov.in/judis