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Madras High CourtCRL MP(MD)/4171/2021allowed

S.Rasool Mydeen v. A.M.Syed Ali Pathu @ Syed Ali Beevi

2022-01-06Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.4171 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4171 of 2021 IN CRL RC(MD) No.404 of 2021 S.RASOOL MYDEEN ... PETITIONER/PETITIONER Vs 1 A.M.SYED ALI PATHU @ SYED ALI BEEVI 2 MINOR.R.SYED RIBHAI (MINOR 2ND RESPONDENT IS REPRESENTED THROUGH HIS MOTHER AND NEXT FRIEND OF 1ST RESPONDENT) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Stay the operation of the order passed in M.C.No.61/2019 on the file of the Family Court, Tirunelveli Dated 17/04/2021 till the disposal of the above Crl.R.C.

Prayer in CRL RC(MD). 404 of 2021 :

To call for the records pertaining to the order passed in M.C.No.61 of 2019 by the Family Court, Tirunelveli dated 17/04/2021 and set aside the same.

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.S.B.KAMALANATHAN, Advocate for the petitioner and of MR.P.RAJESH, Advocate for the Respondents 1 and 2, the court made the following order:- Both the counsel are present before this Court. 2.The learned counsel appearing on both sides submitted that the matter may be referred to Mediation Centre in order to settle the dispute between the parties.

3.It is seen that the trial Court has passed an order on 17.04.2021. The petitioner has obtained a stay order on condition of deposit of Rs.2,00,000/- (Rupees Two Lakhs only), vide order of this Court dated 18.08.2021. Considering the fact that the matter is https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.4171 of 2021 pertaining to maintenance, this Court directs the petitioner to deposit 50% of the arrears amount less the amount of Rs.2,00,000/- already deposited and the petitioner is further directed to pay 50% of monthly maintenance amount on or before fifth of every month till the disposal of the case. All the parties are directed to appear before the Mediator, Tamil Nadu Mediation and Conciliation Centre, attached to this Bench either physically or through video conference system on 09.02.2022 and on further dates fixed by the Mediators. 4.The Registry shall list this matter on 24.03.2022, after obtaining report from the Mediation and Conciliation Centre attached to this Bench.

sd/- 01/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, TIRUNELVELI COPY TO THE CHIEF CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY) +1. C.C. to MR.S.B.KAMALANATHAN, Advocate SR.No.612(I)

ORDER

IN CRL MP(MD) No.4171 of 2021 IN CRL RC(MD) No.404 of 2021 Date :01/02/2022 mrn PKP/JM/SAR-4/07.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2