Sake Prabhakar, v. Madri (Sake) Baby Saroja,
HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO CIVIL REVISION PETITION No.6862 of 2017 ORDER:
Heard and perused the material on record including the impugned order of the lower Court.
Leave apart, the petitioner got aged parents who are sick to take care of including medical care of them from the settled expression of the Apex Court in Dr. Kulbhushan Kumar vs. Smt. Raj Kumari and Another1, the maximum maintenance to be awarded is 1/4th of the net salary and even from the salary certificate it shows net salary is Rs.37,383/- even rounded to Rs.38,000/-, Rs.9,000/- per month is reasonable by reducing from Rs.10,000/- per month. In other aspects the impugned order is confirmed.
Having regard to the above, the Civil Revision Petition is disposed of by reducing the maintenance from Rs.10,000/- per month to Rs.9,000/- per month, by granting time to deposit the arrears due in 3 equal monthly installments. Out of which, in the 1st installment, he has to pay half of the amount and 1/4th of the amount each in other 2 installments. Even non payment of one installment, entitle the respondent to execute. Consequently, miscellaneous petitions, if any shall stand closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 13.12.2017 ska 1 (1970) 3 SCC 129