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Madras High CourtCRL MP(MD)/2604/2021allowed

E.Muthukumar v. Mangala Latha

2021-03-26Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.2604 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.2604 of 2021 in Crl.R.C.(MD)No.258 of 2021 E.MUTHUKUMAR ... PETITIONER/ RESPONDENT Vs MANGALA LATHA ... RESPONDENT/ 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 Interim stay of all further proceedings of the order in M.C.No.22 of 2019 dated 10/01/2020 on the file of the Family Court, Tirunelveli pending disposal of the above Criminal Revision Petition.

Prayer in Crl.R.C.(MD)No.258 of 2021:

To call for the records pertaining to the impugned order in M.C.No.22 of 2019 dated 10/01/2020 on the file of the Family Court, Tirunelveli.

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.I.PINAYGASH, Advocate for the petitioner, While admitting the Criminal Revision, the court made the following order:- This petition has been filed to grant an interim stay of all further proceedings of the order in M.C.No.22 of 2019, on the file of the Family Court, Tirunelveli, dated 10.01.2020, 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 without prejudice to the case of the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2604 of 2021 petitioner has to deposit 50 % of the arrears amount before the trial Court within a period of six weeks from the date of receipt of a copy of this order and the petitioner is further directed to deposit 50% of the monthly maintenance amount on or before fifth of every month before the Family Court, Tirunelveli, without prejudice to the case of the petitioner. Failing which, the interim stay already granted stands automatically vacated. 4.In the above circumstances, this petition is allowed. sd/- 26/03/2021 / 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, TIRUNELVELI.

+1 CC to M/s.I.PINAYAGASH, Advocate ( SR-2589[I] dated 26/03/2021 )

ORDER

IN CRL MP(MD) No.2604 of 2021 in Crl.R.C.(MD)No.258 of 2021 Date :26/03/2021 Ls MS/VR/SAR-3/15.04.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2