Madras High CourtCRL MP(MD)/14602/2023allowed

Arunkumar v. Devika

2023-10-16Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) No.1145 of 2023 ARUNKUMAR ... Petitioner / Petitioner Vs 1 DEVIKA 2 MINOR PRIYADHARSHINI ... Respondents / Respondents (Rep. by her Mother / Natural Guardian her mother, Devika) Criminal Miscellaneous 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 in M.C No. 02 of 2017 dated 29.05.2023 on the file of the Learned Family court, Trichy pending disposal of this revision petition. Prayer in CRL RC(MD) No.1145 of 2023:

To call for the records on the Learned Family Court, Trichy in M.C.No.05 of 2022 dated 29.05.2023 and set aside the same as illegal by allowing this revision. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. MADHU.J, Advocate for the petitioner, while admitting the criminal revision case, the court made the following order:- 1/3

This petition has been filed to stay of the operation of the order passed in M.C.No.02 of 2017 dated 29.05.2023, on the file of the learned Family Court, Trichy, pending disposal of the above Criminal Revision Case.

2. Heard the learned counsel for the petitioner.

3. Considering the facts and circumstances of the case, this Court is inclined to grant interim stay on condition that the petitioner shall deposit 50% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.02 of 2017 on the file of the learned Family Court, Trichy, within a period of four weeks from the date of receipt of a copy of this order, failing which the interim stay granted shall stand vacated automatically without further reference to this Court.

4. Post the matter on 17.11.2023 for reporting compliance. sd/- 16/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To The Judge, Family Court, Trichy.

2/3

+1 CC to M/s.J.MADHU, Advocate ( SR-15219[I] dated 16/10/2023 )

ORDER

IN in CRL RC(MD) No.1145 of 2023 Date :16/10/2023 ED/VRS /SAR- (26/10/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3