Saravanapandi v. Menaka

Crl.M.P.(MD)No.1679 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI Crl.M.P.(MD)No.1679 of 2022 in Crl.R.C.(MD)No.94 of 2022 1 SARAVANAPANDI 2 R.S.MANI 3 MUTHULAKSHMI 4 SUMATHI 5 NAGENDRA PRABHU ... PETITIONERS/ PETITIONERS Vs 1 MENAKA 2 MINOR SUJITH ARJUN ... RESPONDENTS/ RESPONDENTS 2ND RESPONDENT REPRESENTED BY HIS GUARDIAN AND HIS MOTHER 1ST RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to STAY of Operation of the order in M.C.No.201 of 2014 on the file of the Learned Judicial Magistrate cum Additional Mahail Court, Madurai confirmed in Crl.A (MD).No. 140 of 2019 on the file of the Learned IV Additional Sessions Judge, Madurai pending disposal of the above Criminal Revision Petition.

Prayer in Crl.R.C.(MD)No.94 of 2022:

To call for the records and set aside the order passed in Crl.A.No.140 of 2019 on the file of the Learned IV Additional Sessions Judge, Madurai in M.C.No.201 of 2014 dated 26.09.2021 on the file of the Learned Judicial Magistrate cum Additional Mahalir Court, Madurai.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.PALANISAMY, Advocate for the petitioner, the court made the following order:- This petition has been filed to stay the operation of the order in M.C.No.201 of 2014, on the file of the learned Judicial Magistrate cum Additional Mahila Court, Madurai confirmed in Crl.A.No.140 of 2019 on the file of the IV Additional Sessions https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.M.P.(MD)No.1679 of 2022 Judge, Madurai, pending disposal of the above Criminal Revision Case.

2.On the side of the petitioner, it is stated that the petitioner is ready to deposit half of the monthly maintenance amount and half of the arrears amount and prayed to grant interim stay of the proceedings.

3.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to grant interim stay till the disposal of the Criminal Revision Case on condition that the petitioner has to deposit 50% of the arrears amount on or before 15.03.2022 and the petitioner is further directed to pay 50% of monthly maintenance amount on or before fifth of every month. Failing which, the interim stay already granted stands automatically vacated. On such deposit, the respondent wife is permitted to withdraw the same.

4.In the above circumstances, this petition is allowed. sd/- 04/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE CUM ADDITIONAL MAHILA COURT, MADURAI.

2 THE IV ADDITIONAL SESSIONS JUDGE, MADURAI.

ORDER

IN Crl.M.P.(MD)No.1679 of 2022 in Crl.R.C.(MD)No.94 of 2022 Date :04/02/2022 Ls MK/VR/SAR.IV/08.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2