S.Marsal Raja v. Mercy Rani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.3250 of 2019 in CRL.OP.NO.5760/2019 1 S.MARSAL RAJA [ PETITIONERS/RESPONDENTS] 2 SANDHANASAMY 3 CLARA MARY 4 VINCENT 5 RAJAM 6 NAPOLEAN 7 LEO BASKAR 8 JENOVA Vs MERCY RANI [ RESPONDENT/PETITIONER] Petition praying that in the circumstances stated therein the High Court will be pleased to dispense with their physical presence before the Court of learned Judicial Magistrate Court No.1, Ariyalur on all hearing dates in D.V.C.No.5 of 2018 pending disposal of Crl.OP.No. of 2019 filed before this Hon'ble Court. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.V.SRIDHARAN, Advocate for the petitioner the court made the following order:- Notice of motion returnable by 08.04.2019. Private Notice is also permitted.

2.The learned counsel for the petitioners is permitted to inform the learned counsel who appears for the respondent in the trial Court, about the pendency of this quash petition, so that she can make arrangements to enter appearance before this Court. 3.The first petitioner is the husband of the respondent and the petitioner Nos.2 to 8 are the father-in-law, mother-in-law, brotherin-law and sister-in-laws of the respondent. Therefore, the presence of the petitioner Nos.2 to 8 are dispensed with pending disposal of Criminal Original Petition, on condition that, they shall ensure that the first petitioner/husband of the respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month to the credit of D.V.C.No.5 of 2018 on the file of the Judicial Magistrate Court No.I, Ariyalur, as ad-interim maintenance, without prejudice to both the parties. On such deposit being made, https://hcservices.ecourts.gov.in/hcservices/

the respondent is entitled to withdraw the same. For the month of March, 2019, the said sum of Rs.5,000/- shall be deposited on or before 08.03.2019.

4.It is made clear that with regard to the first petitioner the dispensed with petition stands dismissed. The learned Judicial Magistrate No.I, Ariyalur is directed to proceed with the trial in D.V.C.No.5 of 2018 in respect of the first petitioner/husband of the respondent alone.

5.Post the matter on 08.04.2019.

-sd/- 05/03/2019 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 JUDICIAL MAGISTRATE, NO.I, ARIYALUR.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR. [FOR INFORMATION] +1 C.C. to M/S.K.V.SRIDHARAN Advocate on payment of necessary charges-Sr.4737 Order in CRL MP.3250/2019 in CRL.OP.NO.5760/2019 Date :05/03/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 13.03.2019 https://hcservices.ecourts.gov.in/hcservices/