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High Court of DelhiCRL.REV.P./763/2019

Sh. Anil Kumar v. Ms. Karuna & ANR.

2020-02-25Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 763/2019 & CRL.M.A. 31612/2019 (stay) SH. ANIL KUMAR ..... Petitioner Through Mr. Pinaki Addy Sharda Garg and Ms.

Arpita Singh, Advocates versus MS. KARUNA & ANR.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.02.2020 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 23.05.2019, whereby the learned Family Court had directed the petitioner to pay an interim maintenance of ₹10,000/- per month, from the date of filing of the maintenance petition till the disposal of the case. In addition, the learned Family Court had also directed the petitioner to pay a sum of ₹30,000/- for the admission of his child. 2.

The learned counsel appearing for the petitioner submits that he is regularly paying ₹10,000/- as directed. But the petitioner would be unable to pay ₹30,000/-, as that is beyond his means. He further submits that there is a possibility of an amicable settlement and requests that the parties be referred to mediation.

3.

The respondent has produced on record, receipts of the amounts paid to the school 'Vibgyor' on account of admission and caution money for their

child. The respondent has also produced a receipt of a quarterly fee of ₹18,000/- paid to the said school. In addition, the respondent has also produced receipts of ₹2,466/- for payments made to the said school for stationary and other items.

4.

In view of the above, this Court finds no reason to interfere with the decision of the Family Court, directing the petitioner to pay a sum of ₹30,000/- as admission fees for their child. Insofar as, the petitioner's contention that he is unable to afford the same, this Court considers it apposite to direct the petitioner to pay the said amount in three equal monthly instalments instead of within a period of fifteen days, as directed by the learned Family Court. The first such instalment shall be paid on or before 15.03.2020 5.

The petition is disposed of with the aforesaid observations. The pending application is also disposed of.

VIBHU BAKHRU, J FEBRUARY 25, 2020 pkv