1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10415 OF 2009 IN FIRST APPEAL NO. 1831 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 07.04.2010 Heard Mr. P.R. Patil, Advocate for the applicant and Mr. L.V. Sangit, Advocate for sole respondent. 2. This is an application filed by the husband for stay to the order passed by the trial Court awarding maintenance of Rs.5000/- to the respondent wife. The trial Court has observed that the present applicant - husband has 7 acres of land in his name, in which he is taking plantain crop. His second wife Shobhabai has 2 68 Ares land in which he was taking wheat crop. It is also undisputed at this stage that presently respondent - wife is working as "Anganwadi Sevika", and as per respondent Rs.900/- p.m. as honorarium, whereas as per the applicant it is Rs.1350/- p.m. The trial Court has so considered that the land is irrigated and plantain crop is a cash crop. It is also stated by Mr. P.R. Patil, Advocate that there is responsibility of maintaining second wife and four children from the second wife and therefore, the amount of Rs. 5000/- per month is excessive. 3. Considering the submissions, in my opinion, on condition that the applicant-husband shall pay the amount of Rs.2000/- (Rs. Two thousand only) per month towards the maintenance of respondent - wife from the date of the 3 judgment of the trial Court, stay can be granted. However, all arrears will be paid within six weeks from today and thereafter, before 10th day of each calender month, the applicant - husband should deposit the amount of maintenance in the trial Court. In case of failure to deposit either the entire arrears within six weeks from today or to pay monthly maintenance of Rs.2000/- p.m. pending the appeal, the stay shall stand vacated automatically without back reference to the Court. The amount, if any, already deposited, should not be taken into consideration for arrears. 4. Civil Application is disposed of accordingly. [P.R. BORKAR,J.] sut/APR10/ca10415.09