Dinesh Babu v. D.Sundararaj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI AND CRL RC(MD)No.1310 of 2023 DINESH BABU ... PETITIONER/PETITIONER/RESPONDENT Vs D.SUNDARARAJ ... RESPONDENT/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 pass an order to STAY all further and other proceedings in pursuance of the order of the Honble Family Court, Dindigul District dated 31.08.2023 made in MC No.53/2022, pending disposal of the above Criminal Revision Petition. Prayer in CRL RC(MD). 1310/ 2023 :

To pass an order to call for the records and set aside the order passed by the Honble Family Court, Dindigul District dt.31.08.2023 made in M.C No.53/2022 of awarding maintenance to the tune of a sum of Rs.15,000/- as from the date of filing of the Petition to the Respondent herein by the Petitioner forthwith. 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.C.PRITHVIRAJ, 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.53 of 2022 dated 31.08.2023, on the file of the Family Court, Dindigul District, 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 M.C.No.53 of 2022, on the file of the Family Court, Dindigul District, within a period of four 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 respondent is permitted to withdraw the deposited amount.

sd/- 29/11/2023 / 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, DINDIGUL DISTRICT.

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (CALL FOR RECORDS) +1 CC to M/s.C.PRITHVIRAJ, Advocate ( SR-17038[I] dated 29/11/2023 )

ORDER

IN AND CRL RC(MD)No.1310 of 2023 Date :29/11/2023 SS/SKN/SAR- /04/12/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3