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Madras High CourtCRL MP(MD)/5115/2020allowed

V.Mathivanan v. R.Jegatha

2020-12-14Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.5115 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of December Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.5115 of 2020 IN CRL RC(MD) No.574 of 2020 V.MATHIVANAN ... PETITIONER/ PETITIONER Vs R.JEGATHA ... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of Interim Stay of the order dated 18/10/2019 made in M.C.No.10 of 2019 on the file of the Family Court, Nagercoil, Kanyakumari District, pending disposal of the Criminal Revision Petition.

PRAYER IN CRL RC(MD) No.574 of 2020:

To call for the records relating to the order dated 18/10/2019 made in M.C.No.10 of 2019 on the file of the Family Court, Nagercoil, Kanyakumari District and set aside the same. 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.E.V.N.SIVA, Advocate for the petitioner and of Mr.KA.RAMAKRISHNAN, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to stay further proceedings of the order in M.C.No.10 of 2019, dated 18.10.2019, on the file of the Family Court, Nagercoil, Kanyakumari District 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.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.5115 of 2020 of two months from today (i.e.14.12.2020) and the petitioner is further directed to pay the monthly maintenance amount on or before fifth of every month. Failing which, the Minterim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 14/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, NAGERCOIL, KANYAKUMARI DISTRICT.

ORDER

IN CRL MP(MD) No.5115 of 2020 IN CRL RC(MD) No.574 of 2020 Date :14/12/2020 MS/VR/SAR-3/17.12.2020/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2