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Madras High CourtCRL MP(MD)/17077/2023allowed

P.Balamurugan v. K.Keerthiga

2023-12-05Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD)No. 1337 of 2023 P.BALAMURUGAN ... PETITIONER/REVISION PETITIONER Vs K.KEERTHIGA ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an Stay of operation of the Order passed by the Honble Family Court, Sivagangai in MC No.9/2023 dt.28.08.2023 pending disposal of the above Criminal Revision Petition. Prayer in CRL RC(MD). 1337/ 2023 :

To call for the records pertaining to the order dt.28.08.2023 made in MC No.9/2023 on the file of the Honble Family Court, Sivagangai and set aside the same by allowing the above Revision Petition.

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.J.SELVIN RAJESH, Advocate for M/S.DICTUM LAW FIRM, 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.9 of 2023 dated 28.08.2023, on the file of the Family Court, Sivagangai, 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 and also 50% of the educational expenses pending as of now to the credit of M.C.No.9 of 2023 on the file of the Family Court, Sivagangai, 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 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/- 05/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDGE FAMILY COURT, SIVAGANGAI.

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COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

+1. C.C. to M/S.DICTUM LAW FIRM Advocate SR.No.17308(I) DT: 06/12/2023

ORDER

IN in CRL RC(MD)No. 1337 of 2023 Date :05/12/2023 PKP/DD/SAR- /15.12.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3