Shantha @ Ushadevi & Anr vs B.G.Shivananjappa on 6 May, 2005
5. Learned counsel for the applicant would submit that dismissal of
such application on such ground is completely erroneous as non-
payment of amount of maintenance is a continuous default and the
application having been filed on 08.09.2015 for the arrears, the
dismissal of the same in 2017 and the subsequent non-payment of
amount cannot be ignored, therefore, the order of dismissal is
grossly illegal. He referred to the judgment passed in the case of
Shantha alias Ushadevi and another Vs. B.G. Shivananjappa
(reported in AIR 2005 SC 2410) and would submit that as per the
law laid down in such case, the order cannot be sustained and the
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same is liable to be set aside.