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Madras High CourtCRL MP(MD)/2297/2020allowed

Rowtherkani v. A.Jerinabegum

2021-04-01Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.2297 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of April Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.2297 of 2020 IN CRL RC(MD) No.274 of 2020 ROWTHERKANI ... PETITIONER/ RESPONDENT Vs 1 A.JERINABEGAM 2 MINOR ABSANABEGAM REP.BY HER GUARDIAN AND 1ST RESPONDENT A.JERINABEGAM ... RESPONDENTS/ PETITIONERS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant stay of all further proceedings of order dated 11.12.2019 passed in M.C.No.66 of 2018 on the file of the Hon'ble Family Court, Sivagangai till pending disposal of the above Criminal Revision Petition.

PRAYER IN CRL RC(MD) No.274 of 2020:

To call for the records in M.C.No.66 of 2018 on the file of the learned Family Court, Sivagangai, and to set-aside the order passed in M.C.No.66 of 2018 dated 11.12.2019.

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.A.GEORGE STEPHEN KANIKKAIRAJ, Advocate for the petitioner, the court made the following order:- This petition has been filed to stay the further proceedings of the order, in M.C.No.66 of 2018, dated 11.12.2019, 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.2297 of 2020 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 the date of receipt of a copy of this order 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, Sivagangai, failing which, the interim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 01/04/2021 / 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, SIVAGANGAI.

+1 CC to Mr.A.GEORGE STEPHEN KANIKKAIRAJ, Advocate ( SR-2988[I] dated 08/04/2021 )

ORDER

IN CRL MP(MD) No.2297 of 2020 IN CRL RC(MD) No.274 of 2020 Date :01/04/2021 2/2 LS MS/VR/SAR-3/15.04.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2