The Madurai Bench of the Madras High Court granted an interim stay on a maintenance order pending the disposal of a criminal revision petition, conditioning it on the petitioner depositing 50% of arrears and paying monthly maintenance.
Interim stay granted on the maintenance order, conditional on deposit of 50% arrears and monthly payments.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Seventeenth day of March Two Thousand and Twenty One
PRESENT
The Hon'ble Mrs.Justice R.THARANI
CRL MP(MD) No.2255 of 2021 IN CRL RC(MD)No.207 of 2021
A.SARAVANAN ... PETITIONER/PETITIONER
Vs
S.PADMA PRIYA ... RESPONDENT/RESPONDENT
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 in M.C.No.16 of 2013 on the file of the Judicial Magistrate Court, Rajapalayam, pending disposal of the above Criminal Revision petition.
Prayer in CRL RC(MD)No.207 of 2021:
To set aside the order passed in M.C.No.16 of 2013 on the file of the Judicial Magistrate Court, Rajapalayam, dated 25.01.2021 and allow the Criminal Revision Petition.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.VAKEESWARAN C, Advocate for the petitioner, the Court made the following order:-
This petition has been filed to stay the further proceedings of the order in M.C.No.16 of 2013, dated 25.01.2021, on the file of the Judicial Magistrate Court, Rajapalayam till the disposal of the Criminal Revision Case.
2.On the side of the petitioner, it is stated that the petitioner is ready to deposit half of the monthly maintenance amount and half of the arrears amount and prayed to grant interim stay of the proceedings.
3.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to grant interim stay till the disposal of the criminal revision case on condition that the https://hcservices.ecourts.gov.in/hcservices/ petitioner has to deposit 50 % of the arrears amount within a period of four weeks from today (i.e.17.03.2020) and the petitioner is
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further directed to pay the monthly maintenance amount on or before fifth of every month. Failing which, the interim stay already granted stands automatically vacated.
4.In the above circumstances, this petition is allowed.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
ORDER
IN
CRL MP(MD) No.2255 of 2021 IN
CRL RC(MD)No.207 of 2021
Date :17/03/2021
MRN
TE/JC/SAR-IV : 22/03/2021 : 2P/4C
2 issues framed by the court
Whether to grant an interim stay on the operation of a maintenance order pending the disposal of a criminal revision petition.
Whether the petitioner must deposit 50% of the arrears and monthly maintenance to obtain the stay.
A.SARAVANAN
S.PADMA PRIYA
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
