R.Viswanath v. Durgadevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) No.1284 of 2023 R.VISWANATH ... Petitioner / Respondent Vs 1 DURGADEVI 2 MINOR ASHVINRAJ ... Respondents / Petitioners (2ND RESPONDENT IS REPRESENTED BY 1ST RESPONDENT AS MOTHER AND NATURAL GUARDIAN) 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 order in M.C No. 42 of 2016 dt. 17.05.2023 on the file of the learned Family court, Madurai pending disposal of the above revision petition. Prayer in CRL RC(MD). 1284/ 2023 :

To call for the records and set aside the order passed by the Learned Family court, Madurai in M.C No. 42/2016 dt. 17.05.2023 and allow the revision petition. Order : This criminal original petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.N.MOHIDEEN BASHA, 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.42 of 2016 dated 17.05.2023, 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 50% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.42 of 2016 on the file of the Family Court, Madurai, within a period of eight 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. On such deposit being made by the petitioner, the first respondent is permitted to withdraw the deposited amount.

sd/- 23/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 2/3

To The Judge, Family Court, Madurai.

Copy to:

The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL RC(MD) No.1284 of 2023 Date :23/11/2023 ED/ DD/SAR- (01/12/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3