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Madras High CourtCRL MP(MD)/12799/2023allowed

K.Thillai Nayagi v. A.Azhagesan

2023-09-05Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.329 of 2023 K.THILLAI NAYAGI ... Petitioner / Respondent Vs A.AZHAGESAN ... Respondent / Petitioner Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the petitioner to withdraw the award amount as per the order dt.23/3/2023 made in Crl.MP(MD)No.4769/2023 in Crl.RC(MD)No.329/2023, deposited in the credit of M.C.No.11/2022 on the file of the Family Court, Karur District along with accrued interest.

Prayer in CRL RC(MD). 329/ 2023 :

To call for the records relating to the order dated 12.01.2023 made in M.C.No.11 of 2022 on the file of the Family Court,Karur and set aside the same by appreciating the above said fact.

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.MUTHU SARAVANAN.C, Advocate for the petitioner and of Mr.P.SAMUEL GUNASINGH, Advocate on behalf of the Respondent, the court made the following order:- 1/3

This Criminal Miscellaneous Petition has been filed to withdraw the award amount deposited by the respondent in M.C.No.11 of 2022 on the file of the Family Court, Karur District.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as in the memorandum of grounds raised in this petition, this Court is inclined to grant permission to withdraw the amount, which was deposited by the respondent.

3. By order, dated 23.03.2023, it was specifically directed that the respondent shall continue to pay the monthly maintenance amount awarded by the trial Court till the disposal of the Criminal Revision Case. According to the respondent, he has not paid the amount as per the direction of this Court.

4. Therefore, a direction is issued to the respondent to pay the monthly maintenance amount regularly and report the same before this Court in the next hearing date.

5. List this case on 22.09.2023 for reporting compliance. sd/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN 2/3

To The Judge, Family Court, Karur.

ORDER

IN in CRL RC(MD) No.329 of 2023 Date :05/09/2023 ED/DD/SAR- (20/09/2023) 3P / 2 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3