SATYANARAIN & ANR. Vs. SHANKERLAL & ANR.

JUDGEMENT

(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. 200.00 per month with effect from May 1981. Each of the petitioners was held liable for Rs. 100.00per 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. 638.00 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. 100.00 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.