Muneshwaran v. Sasikala

CRL MP(MD) No.2554 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.2554 of 2021 in CRL RC(MD)No.253 of 2021 MUNESHWARAN ... PETITIONER/REVISION PETITIONER/ RESPONDENT Vs 1 SASIKALA 2 MINOR.MANODHARSHANI ... RESPONDENTS/RESPONDENTS/PETITIONERS (REPRESENTED THROUGH HER MOTHER THE 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 the impugned order in M.C.No.38 of 2019 on the file of the Hon'ble Family Court, Sivagangai dated 05.11.2019 till the disposal of the main Quash Petition.

Prayer in CRL RC(MD)No.253 of 2021:

To call for the entire records connected to the impugned order in order in MC.No.38 of 2019 on the file of the Hon'ble Court Family Court, Sivagangai dated 05.11.2019 and set aside the same as illegal in accordance with law.

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.R.RAJASELVAN, Advocate for the petitioner and of Mr.S.PUGALENDHI, Advocate on behalf of the Respondents, while admitting the Criminal Revision Case, the Court made the following order:- This petition has been filed to stay the impugned order in M.C.No.38 of 2019, on the file of the Family Court, Sivagangai, dated 05.11.2019, till the disposal of the Criminal Revision Case. 2.On the side of the petitioner, it is stated that the petitioner has deposited the maintenance amount, except for the period of lock down and the payment is through the lower Court counsel and the balance is Rs.1,48,000/- (Rupees One Lakh and Forty Eight Thousand only) and prayed to grant interim stay. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2554 of 2021 3.On the side of the respondents, the payment is denied. Admittedly, the petitioner has to pay a balance of Rs.1,48,000/- (Rupees One Lakh and Forty Eight Thousand only). 4.In view of the submission made by both side counsel, 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 admitted balance of arrears amount before the trial Court within a period of six weeks from the date of receipt of a copy of this order and the petitioner is further directed to deposit 50% of the monthly maintenance amount on or before fifth of every month before the Family Court, Ramanathapuram, without prejudice to the case of the petitioner. Failing which, the interim stay already granted stands automatically vacated. 5.With the above directions, this petition is allowed. The revision respondent is at liberty to withdraw the amount to be deposited by the revision petitioner.

sd/- 26/03/2021 / TRUE COPY / / /2021 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 JUDGE, FAMILY COURT, SIVAGANGAI.

2.THE JUDGE, FAMILY COURT, RAMANATHAPURAM.

+1. C.C. to MR.R.RAJASELVAN, Advocate SR.No.2590 ORDER IN CRL MP(MD) No.2554 of 2021 in CRL RC(MD)No.253 of 2021 Date :26/03/2021 Ls AE/SMA/ (07/04/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2