Madras High Court  
Chennai

Madras HC stays move to auction life convict’s property to pay ex-wife

In his petition, Sivaraj, who has been undergoing life imprisonment at the Salem Central Prison since 2015, stated that he was married and has three children

Maheswari Sriram

CHENNAI: The revenue authorities’ move to auction the properties of a life convict for failing to pay maintenance to his divorced wife was stayed by the Madras High Court.

In his petition, Sivaraj, who has been undergoing life imprisonment at the Salem Central Prison since 2015, stated that he was married and has three children. However, due to differences between them, his wife filed a petition seeking a divorce. The Dharmapuri Family Court granted the divorce and also directed him to pay maintenance to his wife for the upkeep of the children.

As he failed to pay the maintenance amount of Rs 29 lakh, the Dharmapuri tahsildar issued an order on November 25 and served a notice stating that his movable and immovable properties, including his five acres of land valued at Rs one crore, would be auctioned.

Challenging the notice, Sivaraj approached the High Court, contending that it had been issued without his knowledge.

When the matter came up for hearing before Justice Abdul Quddhose, the petitioner’s counsel, R Ganesan, submitted that he was willing to come out and pay the maintenance amount as soon as he is granted bail. Recording the submission, the judge passed an interim order staying the auction of the prisoner's property and adjourned the hearing to January 12.

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