Madras High CourtCRL OP(MD)/5607/2020disposed of

Govindaraj v. Bakialakshmi

2023-09-08Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.DHANABAL Govindaraj ... Petitioner Vs.

1. Bakialakshmi

2. Haripriya

3. Mahalakshmi ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order passed in Crl.R.P.No. 63 of 2018 on the file of the learned III Additional District and Sessions Judge, Tiruchirapalli dated 29.11.2019 and the order made in M.C. No.60 of 2009 on the file of the learned Chief Judicial Magistrate, Tiruchirapalli dated 06.09.2018 and set aside the same.

For Petitioner : Mr.M.Karunanidhi For Respondents : Mr.J.Barathan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the order passed in Crl.R.P.No. 63 of 2018 on the file of the learned III Additional District and Sessions Judge, 1/4

Tiruchirapalli dated 29.11.2019 and the order made in M.C. No.60 of 2009 on the file of the learned Chief Judicial Magistrate, Tiruchirapalli dated 06.09.2018 and set aside the same.

2. When the matter is taken up for hearing today,the learned counsel appearing for the petitioner contended that he is ready to pay the maintenance amount awarded by the appellate Court i.e., Rs.5000/-to the first respondent and Rs.3000/- to the third respondent from the date of receipt of a copy of this order. In so far as the arrears amount is concerned the petitioner submitted before this Court that he will pay a sum of Rs.10,000/- per month to the respondents till realization of the arrears amount and the same was agreed by the learned counsel appearing for the respondents.

3. In view of the above said representation made by both counsels it is appropriate to pass orders directing the petitioner to pay a sum of Rs.5000/-to the first respondent and Rs.3000/- to the third respondent on every 5th day of English Calendar month and arrears amount has to be paid on instalment basis,i.e., Rs.10000/- per month. Further the first respondent is permitted to withdraw a sum of Rs.50,000/- deposited by the petitioner before the trial Court. 2/4

4. With the above direction this Criminal Original Petition is disposed of.

08.09.2023 Index : Yes / No Internet : Yes / No aav To

1. The III Additional District and Sessions Judge, Tiruchirapalli

2. The Chief Judicial Magistrate, Tiruchirapalli 3/4

P.DHANABAL, J.

aav 08.09.2023 4/4