Madras High CourtCRL MP(MD)/10977/2021allowed

Ganeshraj v. Divyabharathy

2021-12-10Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI Crl.M.P.(MD)No.10977 of 2021 in Crl.R.C.(MD)No.921 of 2021 GANESHRAJ ... PETITIONER/PETITIONER/RESPONDENT Vs 1 DIVYABHARATHY 2 MINOR.AARUTHRAN (2ND RESPONDENT REPRESENTED BY HIS GUARDIAN/MOTHER/1ST RESPONDENT) ... RESPONDENTS/ RESPONDENTS/ APPELLANTS 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 further proceedings in MC.No.24 of 2020 dated 25.03.2021 on the file of the Family Court, Ramanathapuram pending disposal of above Criminal Revision Petition. Prayer in CRL RC(MD). 921/ 2021 :

To call for the records relating to the order passed by the Family Court, Ramanathapuram in MC.No.24 of 2020 dated 25.03.2021 set aside the same and allow this Revision Petition. 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.SATHISH KUMAR.K, 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.24 of 2020, dated 25.03.2021, on the file of the Family Court, Ramanathapuram, 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.

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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 one month 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 of every English Calendar month before the Family Court, Ramanathapuram, failing which, the interim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 10/12/2021 / 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, RAMANATHAPURAM.

+1CC to M/s.K.SATHISH KUMAR, Advocate ( SR-9226[I] dated 14/12/2021 )

ORDER

IN Crl.M.P.(MD)No.10977 of 2021 in Crl.R.C.(MD)No.921 of 2021 Date :10/12/2021 VB/JC/SAR-IV/15.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/