Leelesh Kumar v. Kavitha

Crl.M.P.No.8056 of 2016 and M.P.No.1 of 2015 in Crl.OP.No.30244 of 2015 P.N.PRAKASH, J.

On 15.06.2016, this Court passed the following order : "Notice of motion returnable by 10.08.2016. Private notice is also permitted.

2. The personal appearance of the petitioners is dispensed with on condition that the 1st petitioner deposits a sum of Rs.5,000/- before 5th of every English calendar month to the credit of DVC.No.41 of 2015 on the file of the VIII Metropolitan Magistrate, George Town, Chennai, as ad-inteirm maintenance, without prejudice to both the parties. For the month of June 2016, the said sum of Rs.5,000/- shall be deposited on or before 29.06.2016. On such deposit, the respondent-wife is entitled to withdraw the same. If the deposit is not made, the Trial Court can insist upon the presence of the petitioners.

Post on 10.08.2016."

2. Mr.Ramesh Kumar Chopra has entered appearance on behalf of the respondent.

3. Learned counsel for the petitioners submitted that on account of boycott of Courts, the 1st petitioner was not able to deposit the maintenance amount before the learned VIII Metropolitan Magistrate, George Town, Chennai. On the advice of this Court, learned counsel for the petitioners has handed over two Demand Drafts bearing Nos.006215 dated 16.06.2016 and 036249 dated

01.08.2016 for a total sum of Rs.15,000/- being the monthly maintenance for the month of June, July and August 2016, in the name of Kavitha/respondent to Mr.Ramesh Kumar Chopra, learned counsel appearing for the respondent. The petitioners have also filed a memo to that effect, wherein, in paragraph No.3, it is stated as follows :

"3. The petitioners states that subject to the direction given by this Hon'ble Court, they will remit Rs.5000/- on monthly basis to the Bank account of the respondent maintained in Bank of India, Sowcarpet Branch, [IFSC:BKID0008003] having account No.800310110001539."

4. In view of the above, the interim order dated 15.06.2016 is modified to the effect, that the 1st petitioner need not deposit the sum of Rs.5,000/- every month before the VIII Metropolitan Magistrate, George Town, Chennai and instead, it would suffice, if he remits the sum of Rs.5,000/- before the 5th of every month in the bank account of the respondent in Bank of India, Sowcarpet Branch, [IFSC:BKID0008003] having account No.800310110001539 and the 1st petitioner is directed to comply the same until further orders. There shall be an order of interim stay. Notice. 11.08.2016 gya Note : Post the Crl.OP in usual course P.N.PRAKASH, J.

gya Crl.M.P.No.8056 of 2016 and M.P.No.1 of 2015 in Crl.OP.No.30244 of 2015 11.08.2016