Madras High CourtCRL MP(MD)/9832/2021allowed

Boopathi v. Sumathi

2021-11-18Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI Crl.M.P.(MD)No.9832 of 2021 in Crl.R.C.(MD)No.842 of 2021 BOOPATHI ... PETITIONER/PETITIONER Vs 1 SUMATHI 2 MINOR. SITHAARTH 3 MINOR. SABAPATHI ... 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 made in M.C.No.33 of 2019 dated 23/09/2021 on the file of Learned Family court, Sivagangai pending disposal of the above Criminal Revision Petition. Prayer in CRL RC(MD). 842 of 2021 :

To call for the records relating to the order dated 23/09/2021 made in M.C.No.33 of 2019 on the file of the Learned Family court, Sivagangai 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.ANTONY ARULRAJ.T, Advocate for the petitioner, while admitting the Criminal Revision Petition, the court made the following order:- This petition has been filed to stay the further proceedings of the order, in M.C.No.33 of 2019, dated 23.09.2021, on the file of the Family Court, Sivagangai, till the disposal of the Criminal Revision Case.

2.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.

3.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 https://hcservices.ecourts.gov.in/hcservices/

petitioner has to deposit 50 % of the arrears amount within a period of six weeks from the date of receipt of a copy of this order before the trial Court and the petitioner is further directed to deposit 50% of the monthly maintenance amount on or before fifth of every English Calendar month before the Family Court, Sivagangai, failing which, the interim stay already granted stands automatically vacated.

4.With the above directions, this petition is allowed. sd/- 18/11/2021 / 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, SIVAGANGAI.

+1 CC to M/s.T.ANTONY ARUL RAJ, Advocate ( SR-8333[I] dated 22/11/2021 )

ORDER

IN Crl.M.P.(MD)No.9832 of 2021 in Crl.R.C.(MD)No.842 of 2021 Date :18/11/2021 VB/JM/SAR-II/23.11.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/