Dismissed

Vellayan, v. Naadiammal

Madras HC6 Dec 2017CRL MP(MD)/7923/2017

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What is this about?

The Madras High Court dismissed a Criminal Miscellaneous Petition filed by Vellayan seeking to set aside a Family Court order and stay further proceedings. The Court found that the petitioner failed to file an application for extension of time to deposit the required 50% arrears of maintenance.

What did the court decide?

The Criminal Miscellaneous Petition CRL MP(MD) No.7923 of 2017 was dismissed and the interim stay already granted was vacated.

Vellayan, Vs Naadiammal — Maintenance and Alimony | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT

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The Hon`ble Mr.Justice A.M.BASHEER AHAMED

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CRL MP(MD) No.7923 of 2017 IN CRL RC(MD) No.695 of 2017

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VELLAYAN ... PETITIONER/ PETITIONER

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1 NAADIAMMAL 2 MINOR.MUNEESWARI, (2^nd PETITIONER IS REPRESENTED THROUGH HER MOTHER NATURAL GUARDIAN, THE FIRST RESPONDENT) ... RESPONDENTS/RESPONDENT

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Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to STAY all further proceedings in M.C.No.01 of 2017on the file of the Family Court, Sivagangai pending disposal of the main Criminal Revision.

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PRAYER IN CRL RC(MD) No.695 of 2017:-

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To call for the records and set-aside the order dated 31.05.2017 passed in M.C.No.1 of 2017 on the file of the Family Court, Sivagangai.

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Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PUGALENDHI, Advocate for the petitioner and respondent not appeared either in person or by an advocate, the Court made the following order:-

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The learned counsel for the petitioner is present and states that 50% of the arrears of maintenance is not paid as per order passed by this Court on 14.11.2017. The petitioner has not chosen to file application for extension of time for depositing the arrears of maintenance within the stipulated time. Hence, the conditional order passed by this Court is not properly complied with.

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2.Hence, the Criminal Miscellaneous Petition is dismissed. Consequently, Interim stay already granted is vacated.

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/ TRUE COPY /

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https://hcservices.ecourts.gov.in/hcservices/

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE JUDGE, FAMILY COURT, SIVAGANGAI.

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ORDER IN CRL MP(MD) No.7923 of 2017 IN CRL RC(MD) No.695 of 2017 Date :06/12/2017 MS/CM-VR/SAR.1/12.12.2017/2P.2C

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https://hcservices.ecourts.gov.in/hcservices/

Vellayan, v. Naadiammal

Case brief

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What did the court decide?

Vellayan, v. Naadiammal

Case brief

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