Major Son can claim Maintenance from his Father for Studies

PUNJAB AND HARYANA HIGH COURT

Before :- Surya Kant, J.
Crl. Misc. No. 62195-M of 2006. D/d. 30.01.2008.

Nikhil Kumar Singh - Petitioner
Versus
Ramesh Kumar Mahajan - Respondent

For the Petitioner :- Shri S.D. Sharma, Senior Advocate with Ms. Bindu Goel, Advocate.
For the Respondent :- Mr. Naveen Malik, Advocate.

Punjab and Haryana High Court, Chandigarh Judgments

ORDER

Surya Kant, J. - On the oral prayer made by Learned Counsel for the petitioner, Smt. Neelam Kumari, mother of the petitioner and wife of the respondent - Shri Ramesh Kumar Mahajan, working as an Assistant in the office of Haryana Police Housing Corporation, Panchkula, is ordered to be impleaded as petitioner No. 2. Ms. Bindu Goel, Learned Counsel, accepts notice on her behalf. Registry is directed to carry out necessary correction in the memo of parties.
2. In deference to the order dated 12.12.2007, the petitioner (Nikhil Kumar Singh) as well as his father (Ramesh Kumar Mahajan - the respondent) are present in Court. Similarly, the mother of the petitioner, namely, Smt. Neelam Kumari (who has been impleaded as petitioner No. 2), as well as his maternal grand-father (Shri C.L. Katyal, Advocate) are also present in Court. With the able assistance of Learned Counsel for the parties, the controversy regarding payment of maintenance to the petitioner and his mother (i.e. Both the petitioners) under Section 125 Criminal Procedure Code and/or interim maintenance under Section 24 of the Hindu Marriage Act, 1955 in the pending divorce petition filed by the respondent, stands amicably resolved in the following terms :-
    (i) henceforth, i.e., w.e.f. February 2008 onwards, the respondent has agreed to pay a sum of Rs. 8,000/- per month on or before the 10th day of each calender month to his son, i.e., the petitioner No. 1 towards educational and other related expenses;
    (ii) in addition, the respondent - Shri Ramesh Kumar Mahajan has further agreed to pay a lump sum amount of Rs. 25,000/- per annum to the petitioner No. 1 towards the additional/ancillary expenses, like purchase of books/instruments/apparatus, etc.;
    (iii) the parties are ad idem that the aforesaid arrangement, as carved out in agreed terms No. (i) and (ii) above, shall remain in vogue till the petitioner No. 1 - Nikhil Kumar Singh completes education upto post- graduation level, viz, MS/MD;
    (iv) the mother of the petitioner No. 1, namely, Smt. Neelam Kumari (petitioner No. 2), who is present in Court along with her father Shri C.L. Katyal, Advocate, has graciously agreed not to claim any interim maintenance from the respondent in the petition for dissolution of their marriage filed by him and is pending in the Court of learned District Judge Chandigarh;
    (v) Smt. Neelam Kumari, the newly added petitioner No. 2, has further agreed not to claim the maintenance of Rs. 5,000/- already awarded to her under Section 125 Criminal Procedure Code from her husband, namely, the respondent. In other words, the maintenance amounts awarded to petitioner No. 1 and his mother by different Courts have been clubbed and in lieu thereof the respondent shall henceforth pay only to his son, i.e., the petitioner No. 1 in terms of agreed terms (i) and (ii) above;
    (vi) as far as the arrears of maintenance amounting to more than Rs. 3.5 lacs, which the respondent is liable to pay to both the petitioners, are concerned, it is mutually agreed that the respondent shall pay a lump-sum amount of Rs. 3 lacs only in lieu thereof to Smt. Neelam Kumari (petitioner No. 2), within a period of one year in four equal installments of Rs. 75,000/- each. The first installment of Rs. 75,000/- shall be paid on or before 30.04.2008, the 2nd installment on or before 31.07.2008, the penultimate installment or before 31.10.2008 whereas the 4th and the last installment shall be paid on or before 31.12.2008.
Disposed of.

Petition allowed.
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COMMENTS

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