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1981 DIGILAW 265 (RAJ)

Satyanarain v. Shankerlal

1981-07-06

DWARKA PRASAD

body1981
JUDGMENT 1. - This application under section 482, Cr. P. C. has been moved against the order passed by learned Additional Munsif and Judicial Magistrate, No. 1, Bikaner granting maintenance to the parents of the petitioner @ Rs. 200/- per month with effect from May 1981. Each of the petitioners was held liable for Rs. 100/-per month for the maintenance of the father and mother. It is submitted by learned counsel for the petitioners that the petitioners have a large family of their own to maintain and they are getting only Rs. 497/- and Rs. 638/- respectively per month (after deductions), by way of salaries. 2. It appears from the perusal of the order passed by the learned Magistrate that he has proceeded to award Rs. 100/- per month per petitioner to the parents by way of maintenance on the basis of consent of the parties and as such the amount of maintenance awarded by the learned Magistrate cannot be varied or interfered with by this Court. 3. The only argument, which has been pressed by the learned counsel for the petitioners before me, was that the arrears of maintenance are to be paid with effect from May 2, 1978 and it would be too harsh if the petitioners are required to make payment of the arrears in lump sum as they are salaried employees, it is urged that the amount of arrears of maintenance may be allowed to be paid by the petitioners in instalments. 4. Learned counsel are agreed that each of the petitioners should pay Rs. 100/- per month in accordance with the order of learned Magistrate regularly to their parents from July, 1981. As regards arrears from May 2, 1978 up to July 1, 1981, each of the petitioners should pay Rs. 100/- per month to their parents from July, 1981 until the amount of arrears of maintenance is liquidated. Learned counsel for the petitioners submits that each of them has already paid Rs. 600/- in pursuance of the order of this Court dated February 23, 1981, passed on the stay application. If that is so, the amount already paid by the petitioners shall be adjusted towards the arrears. Thus, each of the petitioners shall pay Rs. 200/- per month to non-petitioner No. 1 Shri Shankerlal, for the maintenance of their parents, of which Rs. 100/- shall be towards the current amount of maintenance while Rs. If that is so, the amount already paid by the petitioners shall be adjusted towards the arrears. Thus, each of the petitioners shall pay Rs. 200/- per month to non-petitioner No. 1 Shri Shankerlal, for the maintenance of their parents, of which Rs. 100/- shall be towards the current amount of maintenance while Rs. 100/- shall tie adjusted towards arrears of maintenance. This amount of Rs. 200/- p. m. shall be paid by each of the petitioners until the arrears are wiped out. There after, each of the petitioners shall pay only Rs. 100/- per month, by way of maintenance for their parents, to non-petitioner No. 1 as ordered by the learned Judicial Magistrate. 5. In case, the petitioners make default in payment of arrears of maintenance at the rate specified above for any two months, then the entire amount of arrears of maintenance shall be recoverable at once and the non-petitioner No. 1 shall be at liberty to realise the same in accordance with law. 6. The petition is decided accordingly. Sd/- Dwarka Prasad, J.Ordered Accordingly. *******