M.Ashiq Meeran @ Mariam Asiq v. M.Karshma Asikha

CRL MP(MD) No.4176 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4176 of 2020 IN CRL RC(MD) No.473 of 2020 M.ASHIQ MEERAN @ MARIAM ASHIQ ... PETITIONER/ PETITIONER/ RESPONDENT Vs M.KARSHMA ASIKHA REP BY ITS MINIOR'S NATURE GUARDIAN DURGESWARI ... RESPONDENT/ RESPONDENT/ PETITIONER Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an Ad-Interim Stay of operation of the impugned order dated 06/06/2020 in M.C.No.13 of 2015 on the file of the Family Court, Tiruchirappali pending disposal of the above Criminal Revision.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.AJMAL KHAN, Senior Counsel for Mr.J.SULTHAN BASHA, Advocate for M/S.AJMAL ASSOCIATES, Advocate for the petitioner, while admitting the Criminal Revision., the court made the following order:- Heard the learned counsel for the petitioner.

2. On the side of the petitioner, it is stated that the mother of the minor child is in the habit of filing so many criminal cases and other cases against the petitioner. As per the direction of this Court, in Crl.M.P.(MD)No.2081 of 2018 in Crl.A.(MD)No.408 of 2017, dated 24.04.2018, already Rs.5,00,000/- was deposited and the minor's mother was permitted to withdraw the interest periodically. The interest of the minor was already protected, but, the Family Court, Tiruchirappalli has ordered for payment of Rs.25,000/- per month as maintenance. As the interest of minor was already protected and as the mother has already withdrawn the interest amount periodically, there is no question of ordering further maintenance. Any how, the petitioner to prove his bonafide, without prejudice to the case, has admitted to pay a sum of Rs.5,000/- per month in addition to the interest already drawn by the minor's mother.

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CRL MP(MD) No.4176 of 2020

3. In view of the admission made by the learned counsel for the petitioner, this Court directs the petitioner to pay a sum of Rs.5,000/- per month on or before fifth of every English Calender month to the minor, as maintenance.

4. There shall be an order of interim stay, till the disposal of the revision, subject to the above condition. If the condition is not fulfilled, the interim stay granted shall stand automatically vacated without any further reference to this Court.

5. Notice.

sd/- 25/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, TIRUCHIRAPPALLI.

ORDER

IN CRL MP(MD) No.4176 of 2020 IN CRL RC(MD) No.473 of 2020 Date :25/08/2020 LS TK/PN/SAR.3/27.08.2020/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2