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Saravanapandi Vs Menaka — Maintenance and Alimony | Madras HC (2022)

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Madras HC
2022
Saravanapandi Vs MenakaSaravanapandi v. Menaka

Partly allowed

Saravanapandi v. Menaka

Madras HC4 Feb 2022CRL MP(MD)/1679/2022

Case brief

AI extract

What is this about?

Single judge of Madras High Court allowed petition for interim stay of maintenance order execution conditionally.

What did the court decide?

Stay allowed on condition to deposit 50% arrears and monthly maintenance by specified dates.

What the court decided

AI extract

A

Crl.M.P.(MD)No.1679 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

Friday, the Fourth day of February Two Thousand and Twenty Two

PRESENT

The Hon`ble Mrs.Justice R.THARANI

Crl.M.P.(MD)No.1679 of 2022

in

Crl.R.C.(MD)No.94 of 2022

1 SARAVANAPANDI

2 R.S.MANI

3 MUTHULAKSHMI

4 SUMATHI

5 NAGENDRA PRABHU ... PETITIONERS/ PETITIONERS

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to grant interim stay on operation of maintenance order pending disposal of criminal revision.

Parties & counsel

AI extract

petitioner
SARAVANAPANDI
petitioner
R.S.MANI
petitioner
MUTHULAKSHMI
petitioner
SUMATHI
petitioner
NAGENDRA PRABHU
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Feb 2022 · February
Registered: 2 Feb 2022
Case no.: CRL MP(MD)/1679/2022

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Cite this judgement

Saravanapandi v. Menaka, CRL MP(MD)/1679/2022 (MAD), decided on 4 February 2022.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.THARANI

Parties & counsel

Outcome

Stay allowed on condition to deposit 50% arrears and monthly maintenance by specified dates.

Issue for consideration

Whether to grant interim stay on operation of maintenance order pending disposal of criminal revision.

Detailed headnote1 paragraphs

High Court granted interim stay of operation of maintenance order passed below, directing petitioner to deposit 50% arrears by a specific date and 50% monthly maintenance on or before the fifth of every month. Stay automatically vacates on default.

A compact analysis

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.

Vs

1 MENAKA

2 MINOR SUJITH ARJUN ... RESPONDENTS/ RESPONDENTS 2ND RESPONDENT REPRESENTED BY HIS GUARDIAN AND HIS MOTHER 1ST RESPONDENT

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to STAY of Operation of the order in M.C.No.201 of 2014 on the file of the Learned Judicial Magistrate cum Additional Mahail Court, Madurai confirmed in Crl.A (MD).No. 140 of 2019 on the file of the Learned IV Additional Sessions Judge, Madurai pending disposal of the above Criminal Revision Petition.

Prayer in Crl.R.C.(MD)No.94 of 2022:

To call for the records and set aside the order passed in Crl.A.No.140 of 2019 on the file of the Learned IV Additional Sessions Judge, Madurai in M.C.No.201 of 2014 dated 26.09.2021 on the file of the Learned Judicial Magistrate cum Additional Mahalir Court, Madurai.

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.T.PALANISAMY, Advocate for the petitioner, the court made the following order:-

This petition has been filed to stay the operation of the order in M.C.No.201 of 2014, on the file of the learned Judicial Magistrate cum Additional Mahila Court, Madurai confirmed in https://hcservices.ecourts.gov.in/hcservices/ Crl.A.No.140 of 2019 on the file of the IV Additional Sessions

1/2

Crl.M.P.(MD)No.1679 of 2022

Judge, Madurai, pending disposal of the above 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 petitioner has to deposit 50% of the arrears amount on or before 15.03.2022 and the petitioner is further directed to pay 50% of monthly maintenance amount on or before fifth of every month. Failing which, the interim stay already granted stands automatically vacated. On such deposit, the respondent wife is permitted to withdraw the same.

4.In the above circumstances, this petition is allowed.

sd/04/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO

1 THE JUDICIAL MAGISTRATE CUM ADDITIONAL MAHILA COURT, MADURAI.

2 THE IV ADDITIONAL SESSIONS JUDGE, MADURAI.

ORDER

IN

Crl.M.P.(MD)No.1679 of 2022 in Crl.R.C.(MD)No.94 of 2022 Date :04/02/2022 Ls

MK/VR/SAR.IV/08.02.2022/2P/3C

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

2/2

MENAKA

Coram

AI extract

R.THARANI

CNR

HCMD010034522022

Topic

Maintenance and Alimony

Bench

Disposal

ALLOWED

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