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Madras High CourtCRL MP(MD)/4776/2018allowed

Jemima Persis v. Mr.K.Manickavel

2018-07-20Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4776 of 2018 IN CRL RC(MD) No.300 of 2017 1 JEMIMA PERSIS 2 MINOR EVANGELINE ... PETITIONERS/ RESPONDENTS REP.BY HER MOTHER/ NATURAL GUARDIAN, JEMIMA PERSIS Vs K.MANICKAVEL ... RESPONDENT/ PETITIONER Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order to permit the Petitioners to withdraw the 50% of the maintenance amount deposited by the Respondent vide order dated 06/04/2017 made in Crl.M.P.(MD) NO.2784 of 2017 in Crl.RC.(MD) No.300 of 2017 on the file of this Honourable High Court and thus render justice.

Prayer in CRL MP(MD). 2784/ 2017 IN CRL RC(MD) No.300 of 2017: To grant stay to all further proceedings M.C.No.152/2014 on the file of the Family Court, Tiruchirappalli dated 01/12/2016 and pending disposal of the above Crl.R.C.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.S.JEYAKARTHIK, Advocate for the petitioners and of Mr.K.M.VIJAYAKUMAR, Advocate on behalf of the Respondents the court made the following order:- Heard Mr.S.Jeyakarthik, learned counsel appearing for the petitioners and Mr.K.M.Vijayakumar, learned counsel appearing for the respondent.

2.This petition has been filed by the wife/first petitioner to permit the petitioners to withdraw 50% of the maintenance amount deposited by the respondent vide order dated 06.04.2017 made in Crl.M.P.(MD)No.2784 of 2017 in Crl.R.C.(MD)No.300 of 2017. 3.Though the counter was filed by the respondent, the respondent's counsel fairly admitted that there is no objection for the wife/ first petitioner to withdraw the amount deposited by the husband/ respondent.

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4.In view of the same, this petition is allowed and the petitioners are permitted to withdraw the amount deposited before the Trial Court.

sd/- 20/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, TIRUCHIRAPPALLI.

+1. C.C. to Mr.M.S.JEYAKARTHIK, Advocate, SR.No.13665

ORDER

IN CRL MP(MD) No.4776 of 2018 IN CRL RC(MD) No.300 of 2017 Date :20/07/2018 MS/MMS/SAR-1/31.07.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/