Madras High CourtCRL RC/214/2018disposed of

N.Suresh Kumar, Aged 45 Years, v. Mrs.Shalini, Aged 36 Years,

2020-01-28Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.R.C.No.214 of 2018 and Crl.M.P.No.2050 of 2018 N.Suresh Kumar .. Petitioner Vs

1. Shalini

2. Shreyas (minor) .. Respondents (The 2nd respondent is rep. by his mother, 1st respondent) Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C. praying to set aside the order dated 17.01.2018 in M.P.No.117/2016 in M.C.No.490/2015 on the file of the V Additional Family Court at Chennai.

For Petitioner : Mr.G.Ashok Kumar For Respondents : Ms.B.Karpagam

ORDER

Questioning the interim maintenance of Rs.15,000/- per month awarded to the respondents, vide order dated 17.01.2018 passed by the learned V Additional Judge, Family Court, Chennai, in M.P.No.117/2016 in M.C.No.490/2015, the present Revision Case has been filed by the petitioner/husband.

2. This Court, by order dated 15.02.2018, has admitted the criminal revision and passed an order of interim stay on condition that the petitioner shall deposit the arrears of maintenance amount in M.P.No.17 of 2016 in M.C.No.490 of 2015 on the file of the learned V Additional Judge, Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of the order.

3. When the matter was called today, the learned Counsel for the petitioner submitted that apart from the arrears of maintenance amount, the petitioner has been regularly paying a sum of Rs.10,000/- per month towards interim maintenance to the respondents.

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4. The said statement was also accepted by the learned Counsel for the respondents.

5. In such circumstances, considering the facts and circumstances of the case and also as agreed by the learned counsel on either side, this Court deems it appropriate to direct the Family Court concerned to dispose of the maintenance case, pending on its file.

6. Accordingly, this Criminal Revision is disposed of, directing the learned V Additional Judge, Family Court, Chennai, to dispose of M.C.No.490/2015 pending on his file, on merits and in accordance with law, after affording due opportunity to both the parties, within a period of six months from the date of receipt of a copy of this order. Till the disposal of the said Maintenance Case, the petitioner shall continue to pay the interim maintenance of Rs.10,000/- per month to the respondents on or before 5th of every English Calender month, without any default. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The V Additional Judge, Family Court, Chennai.

+1 cc to M/s.G.Ashok Kumar,Advocate Sr.No.6233 AKM/28.02.2020/1P-3C / Crl.R.C.No.214/2018 https://hcservices.ecourts.gov.in/hcservices/