Prasanth v. Susan Mary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN IN CRL RC NO. 853 OF 2026

1. Prasanth S/o Arunachalam, Residing at, No.101, VGN Amidity, Kamarajar Nagar, Parthipattu, Avadi, Chennai.

2. Arunachalam S/o Chengam, Residing at, No.101, VGN Amidity, Kamarajar Nagar, Parthipattu, Avadi, Chennai.

3. Jayanthi W/o Arunachalam, Residing at, No.101, VGN Amidity, Kamarajar Nagar, Parthipattu, Avadi, Chennai.

4. Janani D/o Arunachalam, Residing at, No.101, VGN Amidity, Kamarajar Nagar, Parthipattu, Avadi, Chennai.

..Petitioner(s) Vs

Susan Mary W/o Prasanth, & D/o Stephen, No.511, Transformer Street, Venkatesapuram, Arakkonam, Ranipet District.

..Respondent(s) To stay of all further proceedings in the Crl.M.P.No.2921 of 2024 in DVC.No.9 of 2024 on the file of the learned Judicial Magistrate, Arakkonam pending disposal of the above Criminal Revision Petition. For Petitioner(s):

A.G.Rajan

ORDER

The learned counsel for the petitioner submits that the learned Judicial Magistrate, by order dated 07.04.2025 passed in Crl.M.P. No. 2921 of 2024, directed the petitioner to pay maintenance of Rs. 6,000/- per month to the respondent herein from the date of filing of the petition.

2. It appears that, aggrieved by the above order, the petitioners herein have preferred an appeal in Crl.A. No. 53 of 2025. Though the criminal appeal was dismissed suo motu, the learned appellate Judge enhanced the maintenance to Rs. 25,000/- per month.

3. The learned counsel for the petitioner would further submit that the respondent herein has not filed any cross-appeal or any separate appeal seeking enhancement of maintenance. Hence, he submits that such an order is illegal.

4. I have given anxious consideration to the submissions made by the learned counsel for the petitioner.

5. From the submissions made by the learned counsel for the petitioner, this Court finds a prima facie case in favour of the petitioners.

6. There shall be an order of interim stay only to the extent of enhancement of the maintenance amount, and the 1st petitioner is directed to continue to pay the amount to the respondent as already ordered by the learned Judicial Magistrate in Crl.M.P.No.2921 of 2024. The petitioner is further directed to deposit the entire arrears to the respondent, namely, maintenance at the rate of Rs.6,000/- per month from the date of filing of the maintenance petition, till the date of deposit, within a period of four weeks from today. On such deposit, the respondent herein is permitted to withdraw the same.

7. If the above amount is not deposited within a period of four weeks from today, the interim stay granted by this Court shall stand automatically vacated without further reference to this Court. 15-04-2026 (1/2) Index: Yes/No Speaking/Non-speaking order dpa

To 1.The learned Judicial Magistrate, Arakkonam 2.The II Additional District and Sessions Judge, Arakkonam. 3.Susan Mary W/o Prasanth, D/o Stephen, No.511, Transformer Street, Venkatesapuram, Arakkonam, Ranipet District.

C.KUMARAPPAN, J.

dpa IN CRL RC NO. 853 OF 2026 15-04-2026 (1/2)