Minor Roshan v. S.Anand

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CRL RC(MD) No.429 of 2023 MINOR ROSHAN REP. BY HIS MOTHER/NATURAL GUARDIAN, NANDHINI DEVI, ... PETITIONER/RESPONDENT Vs S.ANAND ... RESPONDENT/PETITIONER Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to withdraw the arrears of maintenance amount which was deposited by the respondent to the credit of MC No.22/2022 on the file of the Learned Family Court, Karur pursuant to the conditional order passed by this Honble Court dt.28/12/2022. Prayer in CRL RC(MD). 429/ 2023 :

To call for the records relating to the impugned order passed by the learned Family Court, Karur made in MC No.22/2022 dt.28/12/2022 and set aside the same and allow the above Criminal Revision Petition. 1/3

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.MATHIYALAGAN, Advocate for the petitioner and of none appeared for the Respondent side either in person or by an advocate, the court made the following order:- This petition is filed to grant permission to the petitioner to withdraw the arrears of maintenance amount, which was deposited by the respondent to the credit of M.C.No.22 of 2022 on the file of the Family Court, Karur pursuant to the conditional order passed by this Court dated 28.12.2022.

2. Heard the learned counsel for the petitioner. No representation for the respondent.

3. The learned counsel for the petitioner would submit that the total arrear amount is Rs.2,55,000/- and the respondent has deposited a sum of Rs.75,000/- on 07.06.2023 before the trial Court to the credit of M.C.No.22 of 2022. The petitioner is in dire need of money and may be permitted to withdraw the said amount of Rs. 75,000/-.

4. I have perused the affidavit filed in support of this application and considering the facts and circumstances of the case, this petition is allowed. The petitioner is permitted to withdraw the said amount of Rs.75,000/-, which was 2/3

deposited by the respondent to the credit of M.C.No.22 of 2022 on the file of the Family Court, Karur.

sd/- 08/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO THE JUDGE, FAMILY COURT, KARUR.

ORDER

IN IN CRL RC(MD) No.429 of 2023 Date :08/12/2023 SA/JGB/SAR. /14.12.2023/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3