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Madras High CourtCRL MP(MD)/15968/2023allowed

T.Sugumar v. K.Rajeshwari

2023-11-16Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI and CRL RC(MD) No.1260 of 2023 T.SUGUMAR ... PETITIONER/RESPONDENT Vs K.RAJESHWARI ... 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 stay the operation the order in respect of MC No.7/2019 dt.17.08.2022 on the file of Learned Judicial Magistrate Court, Uthamapalayam pending disposal of the above Criminal Original Petition.

Prayer in CRL RC(MD). 1260/ 2023 :

To call for the records pertaining to order on the file of the learned Judicial Magistrate Uthamapalayam In MC No.7/2019 dt.17.08.2022. 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.RAMANATHAN.C, Advocate for the petitioner and of MR.V.KISHORE KUMAR, Advocate on behalf of the Respondent, while admitting the Criminal Revision Case, the court made the following order:- This petition has been filed to grant interim stay of the operation of the order passed in M.C.No.7 of 2019 dated 17.08.2022, on the file of the learned Judicial Magistrate Court, Uthamapalayam, pending disposal of the above Criminal Revision Case.

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2.Heard the learned counsel for the petitioner and also perused the materials available on record.

3.Considering the facts and circumstances of the case, this Court is inclined to grant interim stay on condition that the petitioner shall deposit 75% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.7 of 2019 on the file of the learned Judicial Magistrate Court, Uthamapalayam, within a period of six 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.

sd/- 16/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. +1 CC to M/s.RAMANATHAN, Advocate ( SR-16355[I] dated 16/11/2023 ) 2/3

ORDER

IN and CRL RC(MD) No.1260 of 2023 Date :16/11/2023 RS/JGB/SAR-(21.11.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3