Ashok v. Selvi

CRL MP(MD) No.3809 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.3809 of 2021 IN CRL RC(MD)No.374 of 2021 ASHOK ... PETITIONER/PETITIONER/ RESPONDENT Vs 1 SELVI 2 MINOR KOSHIKA SRI 3 MINOR DHANSHIKA SRI ... RESPONDENTS/RESPONDENTS/ PETITIONERS (2nd AND 3rd MINOR RESPONDENTS ARE REPRESENTED THROUGH 1st RESPONDENT/MOTHER) 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 all further proceedings pursuant to the case in M.C.No.14/2019 on the fiel of the Learned Judicial Magistrate No.II, Usilampatti, Madurai District pending the disposal of the above Criminal revision case.

PRAYER IN CRL RC(MD)No.374/2021:

Pleased to call for the records in Learned Judicial Magistrate, No.II, Usilampatti, Madurai District made in M.C.No.14 of 2019 dated 19.02.2021 and set aside the same by allowing the Criminal Revision Case.

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.C.EZHILARASU, Advocate for the petitioner and of Mr.M.JOTHI BASU, Advocate on behalf of the Respondents, the court made the following order:- This petition has been filed to stay the further proceedings of the order in M.C.No.14 of 2019, dated 19.02.2021, on the file of the learned Judicial Magistrate No.II, Usilampatti till the disposal of the Criminal Revision Case.

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

CRL MP(MD) No.3809 of 2021 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 on or before 10.02.2022 and the petitioner is further directed to pay 50% of monthly maintenance amount on or before fifth of every month. Failing which, the interim stay already granted stands automatically vacated. On such deposit, the respondent wife is permitted to withdraw the same.

4.In the above circumstances, this petition is allowed. sd/- 24/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II USILAMPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

+1. C.C. to M/S.EZHILARASU.C. Advocate SR.No.364 +1. C.C. to M/S.G.M.LAW OFFICE, SR.No.387

ORDER

IN CRL MP(MD) No.3809 of 2021 IN CRL RC(MD)No.374 of 2021 Date :24/01/2022 SA/PN/SAR.3/27.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2