Suresh Kannan v. Nithya

CRL MP(MD) No.5543 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.5543 of 2020 IN CRL RC(MD) No.616 of 2020 SURESH KANNAN ... PETITIONER/PETITIONER Vs 1 NITHYA 2 MINOR SAMIKSHA SAI ... RESPONDENTS/RESPONDENTS (REP.BY MOTHER AND GUARDIAN 1ST RESPONDENT) Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to stay the impugned order dated 12.02.2020 and made in M.C.No.03 of 2019 on the file of Family Court, Ramanathapuram, Pending disposal of the above 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 Mr.

S.SRINIVASA RAGHAVAN, Advocate for the petitioner and of Mr.T.ANTONY ARUL RAJ, Advocate on behalf of the Respondents, while admitting the Criminal Revision Case, the Court made the following order:- This petition has been filed to stay the further proceedings of the order, in M.C.No.03 of 2019, dated 12.12.2020, on the file of the Family Court, Ramanathapuram, till the disposal of the Criminal Revision Case.

2.Both sides present.

3.On the side of the respondents, it is stated that arrears of maintenance are pending.

4.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.

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

CRL MP(MD) No.5543 of 2020 5.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 credit 50 % of the arrears amount within a period of four weeks from the date of receipt of a copy of this order in the account of the first respondent / wife and the petitioner is further directed to deposit 50 % of the arrears amount within a period of four weeks from the date of receipt of a copy of this order before the trial Court and 50% of the monthly maintenance amount on or before fifth of every English Calendar month before the Family Court, Ramanathapuram. Failing which, the interim stay already granted stands automatically vacated. 6.In the above circumstances, this petition is allowed. sd/- 02/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE JUDGE, FAMILY COURT, RAMANATHAPURAM.

+1. C.C. to Mr.S.SRINIVASA RAGHAVAN Advocate SR.No.1673 +1. C.C. to Mr.T.ANTONY ARUL RAJ, Advocate SR.No.1627

ORDER

IN CRL MP(MD) No.5543 of 2020 IN CRL RC(MD) No.616 of 2020 Date :02/03/2021 LS PK/SMA/SAR-IV/09.03.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2