SC Orders High Court to accept appeal only after Son pays Pending maintenance amount

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Supreme Court Photo by anil shakya

The Supreme Court in Manmohan Gopal v State of Chhattisgarh has directed the payment of pending amount of maintenance to parents as a pre-requisite for further hearing in the continuing appeal in High Court.

The High Court of Chhattisgarh had directed the son of the petitioners to pay maintenance of Rupees One Lakh per month towards maintenance in an ex-parte order. The order was not complied with and an amount of Rs. 40 Lakhs is due as arrears. An appeal was also pending in the High Court and thus, the respondent approached the Supreme Court.

SC said that in case if the amount of Rs. 40 Lakhs is deposited within a period of six weeks from July 7, 2019 in the High Court, 50% of the said amount should be allowed to be withdrawn by the complainant, Ms. Shilpi Srivastava.  Court said that the High Court should entertain the appeal filed by the Respondent only after the said amount is deposited out of which 50% of the amount is permitted to be withdrawn by the complainant.

The Apex Court granted insulation from arrest to the petitioners for the period of these six weeks. The petitioners were also instructed to cooperate with the investigation and that they should be available for interrogation as and when called upon by the Investigating Officer.

Earlier, the Supreme Court had sent the matter for Mediation and had directed that Travelling expense of Rs.15,000/- shall be paid to Ms. Shilpi by the petitioner for attending the mediation on each and every date when she is called for the purpose.

The matter is posted for further hearing on 6th September, 2019.

–India Legal Bureau