P.Nagarajan v. N.Gayathri @ Nagajothi

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 in CRL RC(MD)No. 1212 of 2023 P.NAGARAJAN ... PETITIONER/REVISION PETITIONER Vs 1 N.GAYATHRI @ NAGAJOTHI 2 MINOR.NAGAVARSHINI REP. BY HER MOTHER AND NATURAL GUARDIAN, N.GAYATHRI, ...RESPONDENTS/RESPONDENTS 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 all further proceedings in pursuance of the order dt.03/10/2023 in MC No.8/2020 on the file of Family Court, Theni pending disposal of the Criminal Revision Petition. Prayer in CRL RC(MD). 1212/ 2023 :

To call for the records pertaining to the order in MC No.8/2020 dt.3/10/2023 passed by the Famil Court, Theni and set aside the same as illegal. 1/3

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 MR.A. RAMESH, 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 M.C.No.8 of 2020 dated 03.10.2023, on the file of the Family Court, Theni, 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 50% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.8 of 2020 on the file of the Family Court, Theni, 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 2/3

vacated automatically without further reference to this Court. On such deposit being made by the petitioner, the first respondent is permitted to withdraw the deposited amount.

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

TTA TO THE JUDGE FAMILY COURT, THENI.

COPY TO THE SECTION OFFICER,(CALL FOR RECORDS) CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.RAMESH, Advocate ( SR-16343[I] dated 16/11/2023 )

ORDER

IN in CRL RC(MD)No. 1212 of 2023 Date :16/11/2023 PKP/VRS/SAR- /24.11.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3