S.Soundara Balaji v. R.Santhiya @ Gandhimathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI in CRL RC(MD) No.1176 of 2023 S.SOUNDARA BALAJI ... PETITIONER/PETITIONER Vs 1 R.SANTHIYA @ GANDHIMATHI 2 MINOR.S.AKSHARA SHREE ... RESPONDENTS/RESPONDENTS (THE 2ND RESPONDENT BEING MINOR, SHE IS REPRESENTED BY HER NATURAL GUARDIAN MOTHER WHO IS THE 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 interim Stay of the operation of the order made in M.C.No.5/2017 on the file of the learned Family Court (Full Additional in charge) Trichy in so far as awarding maintenance to the R1 is concerned and pending disposal of the above Criminal Revision Petition.

Prayer in CRL RC(MD) No.1176 of 2023 :

To call for the records relating to the order made in M.C.No.5 of 2017 on the file of the Learned Family Court, (Full Additional In-Charge), Trichy in so far as awarding maintenance to the 1st respondent is concerned and set aside the same. 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.T.ANTONY ARUL RAJ, Advocate for the petitioner, while admitting the Criminal Revision Case, the court made the following order:- 1/3

This petition has been filed to grant interim stay of the operation of the order passed in M.C.No.5 of 2017 dated 21.04.2023, on the file of the Family Court (Full Additional in charge), Trichy, pending disposal of the above Criminal Revision Case.

2. Heard the learned counsel appearing for the petitioner.

3. Considering the facts and circumstances of the case, this Court is inclined to grant interim stay on condition that the petitioner shall deposit 50% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.5 of 2017 on the file of the Family Court (Full Additional in charge), Trichy, within a period of six weeks from the date of receipt of a copy of this order and further, the petitioner shall deposit 50% of the monthly maintenance amount until further orders, failing which the interim stay granted shall stand vacated automatically without further reference to this Court.

sd/- 20/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, (FULL ADDITIONAL IN CHARGE), TRICHY.

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+1 CC to M/s.T.ANTONY ARUL RAJ, Advocate ( SR-15563[I] dated 20/10/2023 )

ORDER

IN in CRL RC(MD) No.1176 of 2023 Date :20/10/2023 RS/VRS/SAR-(31.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3