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Madras High CourtCRL MP(MD)/11280/2021allowed

Suresh Kannan v. Nithya

2021-12-20Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.11280 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.11280 of 2021 IN CRL RC(MD)No.616 of 2020 SURESH KANNAN ... PETITIONER/PETITIONER/PETITIONER Vs 1 NITHYA 2 SAMIKSHA SAI (MINOR) (REP.BY MOTHER & GUARDIAN 1st RESPONDENT) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time for the petitioner to comply with the conditional order dated 02.03.2021 in Crl M.P (MD) No. 5543 if 2020 in Crl R.C (MD) No. 616 of 2020 on the file of this Hon`ble court permitting the petitioner to pay the amount in default within the extended time as may be directed by this Hon`ble Court.

PRAYER IN CRL RC(MD)No.616/2020:

To call for records set aside the impugned order dated 12.02.2020 and made in M.C.No.03 of 2019 on the file of Family Court, Ramanathapuram, allow this 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.SRIVINIVASA RAGHAVAN, Advocate for the petitioner and of M/S.T.ANTONY ARULRAJ, Advocate on behalf of the Respondents, the court made the following order:- This petition has been filed to extend the time for the petitioner / husband to comply with the conditional order, dated 02.03.2021, in Crl.M.P.(MD)No.5543 of 2020, in Crl.R.C.(MD)No.616 of 2020, on the file of this Court and permitting the petitioner / husband to pay the amount.

2. On the side of the petitioner / husband, it is stated that there was a delay by the counsel in depositing the monthly maintenance amount during the month of September - 2021 and thereafter, the trial Court refused to receive the amount, without the order from this Court.

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CRL MP(MD) No.11280 of 2021

3. The first respondent / wife has no serious objection.

4. It is seen that the petitioner has to deposit 50% of the monthly maintenance amount for the wife on or before 7th day of every English Calendar month. During the month of September - 2021, there was a delay in depositing the amount. Since the amount is paid for the maintenance of the wife, this Petition is allowed. The petitioner / husband is permitted to deposit 50% of the monthly maintenance amount for the month of September, October and December - 2021, within a period of one month from the date of receipt of copy of this order. The petitioner is also permitted to deposit 50% of the monthly maintenance from January - 2022 on wards, on or before 7th day of every English Calender month. sd/- 20/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE FAMILY COURT, RAMANATHAPURAM.

+1. C.C. to M/S.S.SRIVINIVASA RAGHAVAN, Advocate SR.No.9499

ORDER

IN CRL MP(MD) No.11280 of 2021 IN CRL RC(MD)No.616 of 2020 Date :20/12/2021 SA/VR/SAR.3/22.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2