The Criminal Original Petition filed to quash matrimonial proceedings was dismissed as withdrawn by the petitioner's counsel after the matter was posted for compliance with an interim maintenance order and a withdrawal endorsement was made.
The Criminal Original Petition is dismissed as withdrawn; connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.18874 of 2016
and Crl.MP.No.8876 of 2016
1.Shanthi Chandrashekar 2.Chandrashekar.M ... Petitioners Vs Aditi Suresh ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to M.C.No.33 of 2016 on the file of the XVII Judicial Magistrate Court at Saidapet and to quash the same with respect to 1st & 2nd petitioner.
For Petitioners :Ms.Kanimozhi
for M/s.Nathan & Associates For Respondent :Mrs.Auxilia Peter
ORDER
This Criminal Original Petition has been filed praying to quash the proceedings in MC.No.33 of 2016 pending on the file of the XVII Judicial Magistrate Court, Saidapet with respect to the petitioners herein.
“ On 24.08.2016, this court has passed the following order:
“Notice of Motion returnable by 21.09.2016. Private notice is also permitted. 2.The petitioners shall ensure that their son, namely, Aravind Chandrasekaran/husband of the respondent deposits a sum of Rs.5,000/-(Rupees five thousand only) before 5th of every English calendar month to the credit of M.C.No.33 of 2016 on the file of the learned XVII Metropolitan Magistrate, Saidapet as ad-interim maintenance, without prejudice to both the parties. On such deposit, the respondent-wife is entitled to withdraw the same.
3.For the month of August 2016, the said sum of Rs.5,000/-(Rupees five thousand only) shall be deposited on or before 31.08.2016.
4.On the aforesaid condition, dispense with is granted for the petitioners. If the deposit is not made, the Trial Court can insist upon the presence of the petitioners.
Post on 21.09.2016.”
3.The learned counsel for the petitioners submitted that, when this Criminal Original Petition was filed before this court, the case in M.C.No.33 of 2016 was pending on the file of the XVII Metropolitan Magistrate, Saidapet and now, the same has been transferred to the file of Mahila Court, Allikulam, Egmore and therefore, the petitioner is not able to comply with the order passed by this Court dated 24.08.2016. The learned counsel for the petitioners further submitted that the petitioners are willing to send the maintenance amount the by way of Demand Draft to the respondent viz. Mrs.Adithi Suresh on or before 29.09.2016.
Sd/Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
ds
To
The XVII Metropolitan Magistrat, Saidapet Chennai
1 cc to M/s. Auxilia Peter, Advocate, Sr. 57639 Crl.OP.No.18874 of 2016
GM(CO)
kk 25/10
1 issue framed by the court
Whether the Criminal Original Petition for quashing of proceedings under Section 482 CrPC should continue or be dismissed.
1 provisions across 1 enactments
Shanthi Chandrashekar
Chandrashekar.M
Aditi Suresh
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
