Murugan v. Jeyalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD)No.1156 of 2023 MURUGAN ... PETITIONER/PETITIONER Vs 1 JEYALAKSHMI 2 MINOR NAVEEN 3 MINOR PRAVEEN ... RESPONDENTS/RESPONDENTS (MINOR RESPONDENTS ARE REP BY THEIR MOTHER AND GUARDIAN - 1ST RESPONDENT HEREIN) Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of Stay the operation of the order made in MC No.18/2016 dt.28.10.2022 passed by the Learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, till the disposal of the Criminal Revision Petition. Prayer in CRL RC(MD). 1156/ 2023 :

To call for the records pertaining to the order made in M.C No.18/2016 dated 28.10.2022 passed by the Learned Judicial Magistrate, Aruppukkottai, Virudhunagar District and set aside the same by allowing this Revision . 1/3

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.MAYA PERUMAL.S, Advocate for the petitioner while admitting the Criminal Revision Case., the Court made the following order:- This Criminal Miscellaneous Petition has been filed seeking order to stay the operation of the order made in M.C.No.18 of 2016 dated 28.10.2022 on the file of the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, till the disposal of the Criminal Revision Case.

2. Heard the learned counsel appearing for the petitioner. Though the name of the respondents' counsel printed in the cause list there is no representation for the respondents.

3.Considering the facts and circumstances of the case, this Court is inclined to grant interim stay on condition that the petitioner is directed to deposit 25% of arrears of maintenance amount to the credit of M.C.No.18 of 2016 on the file of the Judicial Magistrate Court, Aruppukkottai, Virudhunagar District, 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.

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4. Notice to the respondents, returnable by four weeks. Private notice is also permitted.

5. Post the matter after four weeks.

sd/- 17/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

+1 CC to M/s.S.MAYAPERUMAL, Advocate ( SR-15417[I] dated 19/10/2023 )

ORDER

IN in CRL RC(MD)No.1156 of 2023 Date :17/10/2023 SS/DD/SAR- /19/10/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3