Madras High CourtCRL MP(MD)/10736/2019time extended

Ilango v. K. Sinduja

2019-12-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.M.P.(MD) No. 10736 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.(MD) No. 10736 of 2019 in Crl.O.P.(MD) No. 21445 of (*)2018

1. Ilango

2. Baby Ilango ... Petitioners/Petitioners Vs K.Sinduja ... Respondent/Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. to extend the time for paying maintenance amount for the month November, 2019 and direct the learned Additional Mahila Court, Trichy to accept the maintenance sum of Rs.5000/-in Crl.O.P.(MD) No.21445 of 2018, dated 16.10.2019 on the file of this Court. Prayer in CRL OP(MD). 21445 of 2018 :

Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying this Hon'ble Court to call for the records relating to D.V.C.No.27 of 2018 on the file of the Additional Mahila Court, Trichy and Quash the same. For Petitioners : Mr.S. Gokul Raj For Respondent : M/s. J. Anandhavalli

ORDER

This Criminal Miscellaneous Petition has been filed to extend the time for paying maintenance amount for the month November, 2019 and direct the learned Additional Mahila Court, Trichy to accept the maintenance sum of Rs.5000/-in Crl.O.P.(MD) No.21445 of 2018, dated 16.10.2019 on the file of this Court.

2. The learned counsel appearing for the petitioners would submit that this Court in Crl.O.P.(MD) No.21445 of 2018, dated 16.10.2019, directed A1/Venkatesh/husband of the respondent to deposit a sum of Rs.5,000/-(Rupees Five Thousand Only) before the 5th day of every English calendar month to the credit of D.V.C. No. 27 of 2018 on the file of the Additional Mahila Court, Trichy. He would further submit that the order was made ready only on 03.12.2019 and hence, the petitioner was unable to comply with the order of this Court by depositing the maintenance amount of Rs.5000/- on or before 05.11.2019, thereby he would seek extension of time for paying maintenance amount for the month of November and December 2019.

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Crl.M.P.(MD) No. 10736 of 2019

3. Heard the learned counsel appearing for the respondent and perused the materials available on record.

4. Considering the facts and circumstances, time is extended for One week from today, for paying maintenance amount of Rs.5,000/- (Rupees Five Thousand Only)for the Month of November and December 2019 to the credit of DVC No. 27 of 2018 on the file of the Additional Mahila Court, Trichy. The Additional Mahila Judge, Trichy is directed to accept the maintenance amount for the month of November and December 2019. The petitioner shall continue to pay the (*)interim maintenance amount as per Order of this Court, dated 16.10.2019 in Crl.O.P.(MD) No.21445 of 2018.

5. Accordingly, this Criminal Miscellaneous petition is ordered.

Sd/- Assistant Registrar (CO) (*)Amended as per order of this Hon'ble Court dated 09.12.2019 Sd/- Assistant Registrar (Crl side) // True Copy // Sub Assistant Registrar(CS) To (*) to be substituted the order already despatched on 05.12.2019 The Judge Additional Mahila Court, Trichy.

+1CC TO MR.S.GOKULRAJ, ADVOCATE, SR NO.103960 Crl.M.P.(MD)No.10736 of 2019 in Crl.O.P.(MD)No.21445 of (*)2018 04.12.2019.

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