S.Sivachandran v. R.Suleswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.12.2017 Coram:

The Honourable Mr. Justice C.T. SELVAM and The Honourable Mr. Justice M.V. MURALIDARAN C.M.A.No.3203 of 2013 and M.P.No.1 of 2013 Mr. S. Sivachandran ...Appellant

Versus

Mrs. R. Suleswari ..Respondent This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of Cr.P.C praying to dismiss the I.A.No.1123/2012 in O.P.No.3394/2011 on the file of the learned III Additional Principal Judge, III Additional Family Court, Chennai dated 07/06/13 For Appellant :

Mr. G. L. Ramshankar For Respondent :

Mr. Sivakami Shanmugam Pillai

J U D G M E N T

(Judgment of the Court was delivered by C.T. SELVAM, J.,) This Civil Miscellaneous Appeal arises against the order made in I.A.No.1123/2012 in O.P.No.3394/2011 on the file of the learned III Additional Principal Judge, III Additional Family Court, Chennai.

2. In keeping with the directions of this Court, two Demand Drafts bearing Nos.024080 and 024151 respectively, each for a sum of Rs.1,00,000/- (Rupees One Lakh) dated 29.11.2017 and 05.12.2017 respectively drawn in favour of the respondent on the Axis Bank, Nungambakkam Branch, Chennai have been handed over by the learned counsel for appellant to learned counsel for respondent.

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3. In the circumstances and given the present development, this Civil Miscellaneous Appeal shall stand dismissed with a direction to the Court below to dispose of the main case i.e., O.P.No.3394/2011 within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, the appellant should pay the maintenance sum in arrears within a period of four weeks from the date of receipt of a copy of this judgment.

4. The present judgment shall have no bearing on the merits of the rival cases before the Court below. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mrr To

1. The III Additional Principal Judge, III Additional Family Court, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Meenakshisundaram Advocate sr 86241 C.M.A.No.3203 of 2013 svl(co) aa23/01/2018 https://hcservices.ecourts.gov.in/hcservices/