Balamurugan, Aged 49 Years v. B.Bhuvaneswari, Aged 40 Years
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty First day of August Two Thousand Seventeen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.10165 of 2017 IN CRL RC.1075/2017 BALAMURUGAN, [ PETITIONER ] Vs 1 B.BHUVANESWARI, [ RESPONDENTS ] 2 MINOR.B.KRISHNAKUMAR, 3 MINOR.B.VINAYAGAMOORTHY, 2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE 1ST RESPONDENT Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.RC.1075 of 2017 on the file of the High Court, the High Court will be pleased to stay the operation of and all further proceedings pursuant to the order dated 29.06.2017 passed in M.C.No.2 of 2017 on the file of the learned District Munsif Cum Judicial Magistrate, Needamangalam pending disposal of the above Crl.RC.1075 of 2017.
Order : This petition coming on for orders upon perusing the petition and Memorandum of Grounds in Crl.RC.NO.1075 of 2017 On the file of the High Court and upon hearing the arguments of M/S.S.SADASHARAM, Advocate for the petitioner the court made the following order:- Notice of motion returnable in four weeks. Private notice is also permitted.
2.Considered the facts and circumstances of the case and also on considered the prima facie case as submitted by the learned counsel appearing for the petitioner, that the learned Judge in the impugned order has directed the petitioner to pay maintenance not from the date of petition, but from the date allegedly the first respondent deserted the petitioner.
3.In view of these, there shall be an order of Interim Stay, on condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees Five thousand only), whereas Rs.2,000/- (Rupees Two thousand only) towards the first respondent and Rs.1,500/- (Rupees One thousand five hundred only) each to the second and third respondents, who are the
minor children of the petitioner. Altogether, the said payment of Rs.5,000/- (Rupees Five thousand only) per month shall be made to the respondents on or before 5th of every succeeding English calendar month.
4.Insofar as the arrears of the maintenance is concerned, the petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty thousand only) to the respondents from April, 2017 till July, 2017, at the rate of Rs.5,000/- (Rupees Five thousand only) per month, within a period of four weeks from the date of receipt of a copy of this order. -sd/- 21/08/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR. [FOR INFORMATION] +1 C.C. to M/S.S.SADASHARAM Advocate on payment of necessary charges-Sr.15845 Order in CRL MP.10165/2017 in CRL RC.1075/2017 Date :21/08/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 31.08.2017