Leone Basker v. Anusiya Ruby
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI AND CRL RC(MD)No.1427 of 2023 LEONE BASKER ... PETITIONER/PETITIONER Vs 1 ANUSIYA RUBY 2 MINOR ANDREW ROBERT 3 MINOR ADLIN MARIA ... RESPONDENT/RESPONDENT (RESPONDENT No.2 AND 3 MINORS REPRESENT THROUGH THE 1st RESPONDENT WHO IS THEIR MOTHER) 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 the order passed in MC No.57/2023 dated 18.10.2023, on the file of the Honble Family Court, Sivagangai with regard to the 2nd and 3rd Respondent. Prayer in CRL RC(MD). 1427/ 2023 :
To call for the records pertaining to the impugned order made in MC No.57/2023 dt.18.10.2023, on the file of the Honble Family Court, Sivagangai and set aside the same as illegal.
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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 M/S.AYYANAR PREM KUMAR.S, Advocate for the petitioner while admitting the Criminal Revision Petition.,, 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.57 of 2023 dated 18.10.2023, 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 pending as of now to the credit of M.C.No.57 of 2023 on the file of the Family Court, Sivagangai, within a period of four weeks from the date of receipt of a copy of this order and further the petitioner shall pay 50% of the monthly maintenance to the respondents and to pay the monthly house rent of Rs.3,000/- (Rupees Three Thousand only) till the disposal of the revision case, failing which the interim stay granted shall stand vacated automatically without 2/3
further reference to this Court. If on such deposit being made by the petitioner, the first respondent is permitted to withdraw the deposited amount. sd/- 22/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO THE JUDGE, FAMILY COURT, SIVAGANGAI.
COPY TO:
THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (CALL FOR RECORDS) +1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-18289[I] dated 22/12/2023 )
ORDER
IN AND CRL RC(MD)No.1427 of 2023 Date :22/12/2023 SS/VR/SAR- /04/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3