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Madras High CourtCRL MP(MD)/15075/2023allowed

K.Saravanan @K.K.Saravanakumar v. K.Rajeswari

2023-10-30Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI and Crl.R.C.(MD).No.1182 of 2023 K.SARAVANAN @K.K.SARAVANAKUMAR ... PETITIONER/ REVISION PETITIONER Vs 1 K.RAJESWARI 2 MINOR S.SUBIKSHA ... RESPONDENTS/RESPONDENTS (2ND MINOR RESPONDENT REPRESENTED BY 1ST RESPONDENT / MOTHER) 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 of the order dt.09.08.2023 made in CrlMP NO.377/2022 in M.C No.171/2021 pending on the file of the learned Family Court, Madurai till the disposal of Criminal Revision Petition.

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Prayer in Crl.R.C.(MD).No.1182 of 2023:

To call for the records in learned Family Court, Madurai made in Cr.M.P.No.377/2022 in M.C.No.171/2021 dated 09.08.2023 and set aside the same by allowing the Criminal Revision Case.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SURESH.M, Advocate for the petitioner, 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 Crl.M.P.No.377 of 2022 in M.C.No.171 of 2021 dated 09.08.2023, on the file of the Family Court, Madurai, pending disposal of the above Criminal Revision Case.

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 Cr.M.P.No.377 of 2022 in M.C.No.171 of 2021 on the file of the Family Court, Madurai, within a period of 2/3

four weeks from the date of receipt of a copy of this order and further the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as monthly maintenance to the 2nd respondent regularly, failing which the interim stay granted shall stand vacated automatically without further reference to this Court. sd/- 30/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO THE JUDGE, FAMILY COURT, MADURAI.

ORDER

IN and Crl.R.C.(MD).No.1182 of 2023 Date :30/10/2023 RK/VRS (02/11/2023) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3