Madras High CourtCRL MP(MD)/732/2021allowed

R.Mahendran v. C.Lavanya

2021-02-04Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.732 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.732 of 2021 IN CRL RC(MD)No.47 of 2021 R.MAHENDRAN ... PETITIONER/ PETITIONER Vs 1 C.LAVANYA 2 VARSHAN(MINOR), REP. THROUGH MOTHER, 1ST RESPONDENT HEREIN ... RESPONDENTS/ RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Stay all further proceedings in pertaining to the order passed in M.C.No.14 of 2020 dated 07/12/2020 on the file of the Family Court, Theni, Till pending disposal of the above revision petition. PRAYER IN CRL RC(MD)No.47 of 2021:

To call for the records pertaining to the order passed in M.C.No.14 of 2020 dated 07.12.2020, on the file of the Family Court, Theni and set aside the same as illegal.

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.M.PRABU, Advocate for the petitioner, While admitting the CRL R.C., the court made the following order:- This petition is filed to issue an order of interim stay all further proceedings in M.C.No.14 of 2020, dated 07.12.2020, on the file of the Family Court, Theni, pending disposal of this Criminal Revision.

2. On the side of the petitioner, it is stated that the petitioner is ready to deposit the 50% of arrears of maintenance as well as monthly maintenance and prayed for a stay order.

3. In view of the undertaking given by the petitioner's counsel, interim stay is granted, on the following condition :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.732 of 2021 (i) the petitioner is directed to deposit 50% of the arrears amount within a period of six weeks from the date of the order and to deposit 50% of the monthly maintenance amount every month i.e. on or before 5th day of every English Calender month before the trial Court.

4. If the above condition is not complied, the stay order granted shall stand automatically vacated without any further reference to this Court.

sd/- 04/02/2021 / 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 THE JUDGE, FAMILY COURT, THENI.

ORDER

IN CRL MP(MD) No.732 of 2021 in CRL RC(MD)No.47 of 2021 Date :04/02/2021 Ls MS/VR/SAR-4/09.02.2021/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2