IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1110 of 2008 RAJESHWAR PRASAD Versus ARTI PRASAD ----------- 2. 5.8.2008 Heard counsel for the petitioner. In the opinion of this Court the approach of the court below in granting maintenance of Rs. 2000/- for the wife and Rs. 1300/- for the minor child cannot be said to be excessive in view of the finding arrived at by the court below that the gross salary of the petitioner is Rs. 13,305/-. The submission made by the counsel for the petitioner is that true it is that the gross salary is Rs. 13,305/- but take home salary would not be more than Rs. 3000/- and therefore, the entire amount to be given to the wife and the child would leave the petitioner in the stage of penury and in fact without any money to support his parents is to be only noticed for its being rejected. The take-home salary of the petitioner is his own making inasmuch as he has chosen to make contribution of the provident fund for a sum of Rs. 5500/- per month which is his own choice. The statutory requirement to deduct such contribution is 2 only 8.33 per cent. Therefore, whatever is being contributed in addition to it by the petitioner is by way of his saving. The petitioner cannot have the luxury of saving for his future so that the wife and child should suffer for the present. At this stage Mr. Vindhyachal Singh, counsel for the petitioner, submits that by the impugned order there would be a liability for payment of arrears which the petitioner cannot afford to pay in one lump sum. He would, therefore, pray for instalment. This Court taking into consideration that the amount will be around Rs. 40,000/- by way of arrears would direct the petitioner to pay the same in four equal quarterly instalments, so that the same is cleared within a period of one year. It is made clear that the amount of present maintenance will, however, be paid to the petitioner as determined by the court within the time framed as indicated in the impugned order. 3 With the aforementioned observation and direction this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/