Paulraj v. G.Jeevarani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL RC(MD) No.734 of 2023 PAULRAJ ... PETITIONER/RESPONDENT Vs 1 G.JEEVARANI 2 MINOR P.GABRILINE ... RESPONDENTS 1 & 2/ PETITIONERS 1 & 2 BEING MINOR REPRESENTED BY HER GUARDIAN AND MOTHER 1ST 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 STAY of all further proceedings in pursuance to the order dated 21.09.2022 made in M.C No.127/2017 on the file of the learned Family Court, Madurai pending disposal of the above Criminal Revision Petition and thus render justice. Prayer in CRL RC(MD). 734/ 2023 :

To call for the records pertaining to the order dated 21.09.2022 made in M.C No.127/2017 by the learned Family Court, Madurai and set aside the same and thereby allow the above revision petition and pass such other orders as this Honble Court.

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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.SANTHANAM RAJESH KUMAR B, Advocate for the petitioner and of M/S.S.THANGARAJ, Advocate on behalf of the Respondents, while admitting the Criminal Revision Case, the court made the following order:- This Criminal Miscellaneous Petition has been filed to grant an order of stay of all further proceedings in pursuance to the order dated 21.09.2022 made in M.C.No.127 of 2017 filed by the respondents, on the file of the learned Family Court, pending disposal of the above Criminal Revision Case.

2. This Court, by order, dated 14.07.2023, has passed the following order: "The learned counsel appearing for the petitioner submitted that the petitioner has already deposited a sum of Rs.2,31,000/- before the Court below. He would further submitted that the petitioner is ready to deposit a further sum of Rs.1,50,000/- towards arrears of maintenance.

2. In view of the said submission, there shall be an order of interim stay on condition that the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) towards arrears of maintenance before the concerned Court on or before 31.07.2023.

3. Post on 01.08.2023 for reporting compliance." 2/3

2. This Court granted an order of interim stay upon recording the petitioner's undertaking through his counsel that he will deposit a further sum of Rs.1,50,000/- towards arrears of maintenance.

3. Today, when the matter is taken up for hearing, without complying the conditional order, the learned counsel for the petitioner seeks an adjournment.

4. In view of the non-compliance of the conditional order passed by this Court on 14.07.2023, the order of interim stay granted by this Court stands vacated. Accordingly, this Criminal Miscellaneous petition is dismissed. sd/- 01/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN TO THE JUDGE, FAMILY COURT, MADURAI

ORDER

IN IN CRL RC(MD) No.734 of 2023 Date :01/08/2023 PKP/VR/SAR- /31.08.2023/ 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3