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School fee of children is a voluntary payment,but maintenance to wife is an obligation:Delhi HC.

PANASAM AKSHARA | Delhi HC | Aug 1, 2022

Case-Soumitra Kumar Nahar v. Parul Nahar.

A bench of Justice Yogesh Khanna heard a plea filed by husband challenging the order and maintenance petition under Sec-125 of CrPC pending with Family Court.It was husband's case that impugned order and maintenance petition violates the consent order duly clarified by Division Bench of High Court and the judgment passed by Supreme Court.It was submitted that Family Court has ignored orders passed on the issue and dismissed the plea by husband seeking dismissal of maintenance petition by respondent wife.Petitioner husband was not making payment of maintenance to his wife claiming that he pays school fee for both the children,the Supreme Court order revealed that the petitioner himself voluntarily agreed to pay school fee.The court noted that consent could not have been given at the cost of maintenance payable to wife and concession by petitioner husband cannot be read as contrary to right of his wife seeking maintenance.It added,'If there was any reservations he should have intimated to the Hon'ble Supreme Court at the time he volunteered to pay school fee,later he cannot allege because of school fee he is unable to pay his wife.As the petitioner stopped making payment the respondent having no other option had moved an application under Sec-125'.The court stated that the act of wife has no fault since the husband first failed to comply with the order and he cannot now allege that the wife must act under the consent order.The court ordered,'..hence her maintenance be fixed again in view of changed circumstances.Pending applications if any,shall be disposed of'.Accordingly,the court disposed the plea by directing trial court to refix wife's maintenance considering effect of order by Supreme Court qua the petitioner's contribution towards educational expenses.

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