SRI ASHGAR AHMED Vs. MISS SAMEER FATHIMA, MASTER MD. SABIR AMEEN AND SMT. SUMIYA SULTHANA

JUDGEMENT

(1.) THOUGH the petition is listed for considering I.A. No. 1/2014 for vacating stay, since the same would relate to the consideration of the petition itself, the petition is taken up for consideration and disposed of by this order. The petitioner is assailing the order dated 24.10.2013 passed by the I Addl. Principal Judge, Family Court, on I.A. No. 2 in C. Mis. 324/2013. The said order is impugned at Annexure -G to the petition. The Court below after taking note of the contention and the documents produced by the respondents with regard to the school fees payable towards the education of the children of the petitioner and first respondent has directed the petitioner to pay the amount as indicated in the order.

(2.) IN support of the grounds raised in the instant petition and while assailing the order impugned in the instant petition, learned counsel for the petitioner would contend that the marriage between the petitioner and the first respondent has been dissolved and thereafter the petitioner has remarried a widow and they have a child out of the said marriage. It is also the case of the petitioner that he has meager income, while the first respondent is comfortably placed in life as she is employed and has also purchased the properties from which she derives rental income. In that view, it is contended that the order passed by the Court below is not justified.

(3.) HAVING noticed these aspects of the matter, it is also necessary to refer to the order passed by the Court below on I.A. No. 2. While considering the said application, the Court below in fact has referred to the said contentions which are presently put forth before this Court and were also advanced before the Court below. Though certain contentions were urged with regard to the income of the first respondent, the Court below on taking note of the fact that the same had not been established and even otherwise, considering that the prayer made in the application is for the education purpose of the children and on taking note of the fact that the petitioner herein who is the father has a duty to pay the maintenance of the children and in a circumstance, where the respondents had placed material before the Court below with regard to the quantum of fees charged by the School and the reminders issued, the Court below has arrived at the conclusion that the said sum of Rs. 15,000/ - and Rs. 12,500/ - in respect of each child requires to be paid by the petitioner. When such consideration has been made by the Court below and when there is no dispute with regard to the fact that the petitioner is the father of the children, the mere dissolution of the marriage will not absolve the petitioner from the liability of looking after the children or at least to meet the basic necessities for education while the first respondent after the dissolution has taken the responsibility of having the children with her where she would incur other expenses as well. Therefore, even if it is found that the first respondent has any income, the same would not matter in the present circumstances since what has been ordered is only the fees payable in respect of the children. Therefore, I see no reason to interfere with the impugned order.