Madras High CourtCRL MP(MD)/1590/2022allowed

K.S.Murugesan v. Kalavathi

2022-02-03Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.1590 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.1590 of 2022 in CRL RC(MD) No.88 of 2022 K.S.MURUGESAN ... PETITIONER/PETITIONER/ RESPONDENT/RESPONDENT Vs KALAVATHI ... RESPONDENT/RESPONDENT/ PETITIONER/PETITIONER Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an Ad Interim Stay ot he order 04.01.2022 made in Cr.M.P.No.129 of 2021 in M.C.No.62 of 2004 on the file of the Family Court, Madurai and pending disposal of the above Criminal Revision. Prayer in CRL RC(MD). 88/ 2022 :

To call for the records relating to the order 04.01.2022 made in Cr.M.P. No. 129 of 2021 in M.C. No. 62 of 2004 on the file of the Family Court, Madurai allowing the petition under Section 128 of Cr.P.C. filed by the respondent/wife and set aside the same as illegal and allow the above revision petition as prayed for. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.GANDHI.R, Advocate for the petitioner, while admitting the Criminal Revision, the court made the following order:- This petition has been filed to stay the further proceedings of the order, in M.C.No.62 of 2004, dated 04.01.2022, on the file of the Family Court, Madurai, till the disposal of the 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.

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CRL MP(MD) No.1590 of 2022 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 within a period of six weeks from today, before the trial Court and the petitioner is further directed to deposit 50% of the monthly maintenance amount on or before fifth of every English Calendar month before the Family Court, Madurai, failing which, the interim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 03/02/2022 / TRUE COPY / 04/02/2022 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 THE JUDGE, FAMILY COURT, MADURAI.

ORDER

IN CRL MP(MD) No.1590 of 2022 IN CRL RC(MD) No.88 of 2022 Date :03/02/2022 RS/PN/SAR.2(04.02.2022) 2P-2C https://hcservices.ecourts.gov.in/hcservices/ 2/2