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Supreme Court of India · body

2005 DIGILAW 1884 (SC)

Susheelamma v. K. Gaviyanna

2005-11-28

A.K.MATHUR, B.N.AGRAWAL

body2005
ORDER : B.N. Agrawal, J. Heard learned counsel for the parties. 2. Leave granted. 3. The trial court directed the respondent to pay maintenance at the rate of Rs. 1000 per month from the date of filing of the suit. Against the said order, an appeal was preferred. During the pendency of the appeal, an application was filed for staying operation of the direction of the trial court for making payment of the amount of maintenance. The High Court, by the impugned order, directed the respondent to pay maintenance at the rate of Rs. 750 per month from the date of filing of the appeal. In our view, for payment of arrears from the date of filing of the suit, direction should also be given at the same rate. Accordingly, we direct that operation of the order passed by the trial court shall remain stayed if the respondent pays entire arrears from the date of filing of the suit till before the filing of the appeal at the rate of Rs. 750 per month within six months from today in three equal bimonthly instalments and shall continue to pay the current amount of maintenance as directed by the appellate court. 4. The appeal, is accordingly, disposed of. 5. No costs.