Madras High CourtCRL OP/3935/2014disposed of

Tmt.Habeeb Unissa v. Nabeela Ahmed

2015-04-28Honourable Mr Justice P. N. Prakash2 pages

Crl.OP No.3935 of 2014 P.N.PRAKASH,J.

On 28.04.2015, this Court had passed the final order in the above case and in paragraph No.8, it is stated as follows: "8. In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.3338 of 2013 on the file of the V Metropolitan Magistrate, Egmore, Chennnai, as against the petitioners are quashed on condition that the petitioners shall ensure that Ahethaysham Ahmed, their son, deposits a sum of Rs.25,000/- per month to the credit of C.C.No.3338 of 2013 on the file of the V Metropolitan Magistrate, Egmore, Chennai, without fail before 5th of every English Calendar month till the disposal of the Domestic Violence Proceedings. That apart, Ahethaysham Ahmed should also pay the school fees for the children. It is needless to mention that as against Ahethaysham Ahmed, the proceedings shall go on and the same shall be disposed of in accordance with law. Connected miscellaneous petitions are closed."

2. The learned counsel for the respondent brought to the notice of this Court that this Court has not given liberty to the respondent to withdraw the sum of Rs.25,000/- that has been ordered by this Court to be deposited by the petitioners' son. Hence the matter is posted for being mentioned today.

P.N.PRAKASH,J.

ajr

3. The lacunae that has been pointed out in the order of this Court requires to be addressed.

4. Accordingly, the paragraph No.8 of the order dated 28.4.2015 shall be read thus:

"8. In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.3338 of 2013 on the file of the V Metropolitan Magistrate, Egmore, Chennnai, as against the petitioners are quashed on condition that the petitioners shall ensure that Ahethaysham Ahmed, their son, deposits a sum of Rs.25,000/- per month to the credit of C.C.No.3338 of 2013 on the file of the V Metropolitan Magistrate, Egmore, Chennai, without fail before 5th of every English Calendar month till the disposal of the Domestic Violence Proceedings. The respondent is entitled to withdraw the same. That apart, Ahethaysham Ahmed should also pay the school fees for the children. It is needless to mention that as against Ahethaysham Ahmed, the proceedings shall go on and the same shall be disposed of in accordance with law. Connected miscellaneous petitions are closed."

02.06.2015 ajr (Note to the Registry: Registry is directed to issue a fresh order copy) Crl.OP No.3935 of 2014