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Madras High CourtCRL OP/6264/2017disposed of

Veeresh Raj, Aged 51 Yrs v. Bharathi, Aged 39 Yrs

2019-07-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.6264 of 2017 and Crl.M.P No.4652 of 2017 Veeresh Raj

...Petitioner

Vs.

1. Bharathy

2. Vishnu (Minor)

3. Varsha (Minor)

...Respondents

(Minor Respondents 2 & 3 are represented by their mother and Natural guardian, Bharathy, 1st respondent herein) PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in M.C. No.346 of 2014 and set aside the order dated 01.12.2016 passed therein in M.P.No.112 of 2016 by the learned II Additional Principal Judge, Family Court, Chennai.

For Petitioner : Mr. B. Mohan

ORDER

This petition has been filed challenging the order passed by the Court below directing the petitioner to deposit a sum of Rs.1 lakh per year towards the education expenses of the 2nd and 3rd respondents.

2. The learned counsel for the petitioner submitted that the 1st respondent died and the 2nd and 3rd respondents are now in the custody of their aunt and already, there is a guardian O.P pending before the Court below for custody.

3. Taking into consideration the facts and circumstances and also the subsequent development that has taken place in this case, this Court deems it fit to modify the interim order passed by the Court below to the effect that the petitioner shall deposit a sum of Rs.50,000/- per year towards the education expenses of the 2nd and 3rd respondents in M.C No.346 of 2014 on the file of the II Additional Principal Judge, Family Court, https://hcservices.ecourts.gov.in/hcservices/

Chennai from the year 2016 onwards. The amount shall be kept in a fixed deposit renewable every year. Depending upon the result of the petition filed seeking for guardianship of the 2nd and 3rd respondents, the amount can be disbursed to the concerned party.

4. This Criminal Original Petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar uma To The II Additional Principal Judge, Family Court, Chennai.

+1cc to Mr.B.Mohan, Advocate, S.R.No. 55149 CRL.O.P No.6264 of 2017 and Crl.M.P No.4652 of 2017 RGN(CO) GN(29/07/2019) https://hcservices.ecourts.gov.in/hcservices/