Pandiyarajan v. Manimegalai@Sawithri

CRL MP(MD) No.10674 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.10674 of 2021 in CRL RC(MD) No.897 of 2021 PANDIYARAJAN ... PETITIONER/PETITIONER Vs 1 MANIMEGALAI @ SAWITHRI 2 MINOR PUGALINI ... 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 further proceedings in MC.No.21 of 2018 on the file of Family Court, Srivilliputhur dated 11/8/2021 pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 897/ 2021 :

To call for the records and set aside the order in Un numbered Cr.M.P.No of 2019 in M.C.No.21/2018 on the file of Family Court, Srivilliputhur dated, 11.08.2021 and consequently set aside the exparte order in M.C.No.21 of 2018 dated 16.4.2021. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.AJMALKHAN.S.A, Advocate for the petitioner while admitting the CRL RC., the Court made the following order:- This petition has been filed to stay the further proceedings of the order, in M.C.No.21 of 2018, dated 11.08.2021, on the file of the Family Court, Srivilliputhur, 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 petitioner has 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 the petitioner is further directed to deposit 50% of the monthly maintenance amount on or before seventh https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.10674 of 2021 of every English Calendar month before the Family Court, Srivilliputhur, failing which, the interim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 07/12/2021 / 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, SRIVILLIPUTHUR.

+1. C.C. to M/S.AJMALKHAN S A Advocate SR.No.8948

ORDER

IN CRL MP(MD) No.10674 of 2021 in CRL RC(MD) No.897 of 2021 Date :07/12/2021 SS/JC/SAR-II/13.12.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2