Rajasthan High Court
Harikishan Choudhary S/O Late ... vs Shivani Choudhary D/O Shri ... on 18 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No. 97/2021
Harikishan Choudhary S/o Late Shri Ramswaroop Choudhary,
Aged About 64 Years, R/o In Front Of Ramavtar General Store,
Paparwali Gali, Near Namdev School, Jorawarpura, Nokha,
Bikaner (Raj.)
----Appellant
Versus
1. Shivani Choudhary D/o Shri Narendra Singh, R/o 82/315
Pratap Nagar, Sanganer Jaipur.
2. Deepak Choudhary S/o Shri Harikishan Choudhary, R/o
82/315 Pratap Nagar, Sanganer Jaipur Through Mother
Smt Shivani Rajput.
----Respondents
For Appellant(s) : Mr. Vinod Goyal, Advocate
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment / Order
18/02/2021
Appellant has filed the appeal challenging the order dated
14.12.2020 passed by the Family Court, whereby, application
under Section 26 of the Hindu Marriage Act, 1955 (hereinafter
referred as "the Act") filed by the respondents, was allowed.
Learned counsel for the appellant has submitted that
respondent No.2 had become major in the year 2017. Hence, the
application moved by the respondents under Section 26 of the Act
was liable to dismissed.
Section 26 of the Act reads as under:-
"Custody of children. - In any proceeding under this Act,
the court may, from time to time, pass such interim orders
and make such provisions in the decree as it may deem just
and proper with respect to the custody, maintenance and
(2 of 3) [CMA-97/2021]
education of minor children, consistently with their wishes,
wherever possible, and may, after the decree, upon
application by petition for the purpose, make from time to
time, all such orders and provisions with respect to the
custody, maintenance and education of such children as
might have been made by such decree or interim orders in
case the proceeding for obtaining such decree were still
pending, and the court may also from time to time revoke,
suspend or vary any such orders and provisions previously
made:
[Provided that the application with respect to the
maintenance and education of the minor children, pending
the proceeding for obtaining such decree, shall, as far as
possible, be disposed of within sixty days from the date of
service of notice on the respondent]."
Thus, as per the above provision, the Court may from time
to time pass an order with regard to custody, maintenance and
education of minor children.
In the present case, admittedly, marriage of appellant and
respondent No.1 has been dissolved and decree of divorce has
been passed. Respondent No.2 was born out of the wedlock of the
appellant and respondent No.1.
Respondents moved an application under Section 26 of the
Act praying that appellant be directed to pay the amount incurred
on the education of respondent No.2. Learned Family Court vide
impugned order dated 14.12.2020 allowed the application moved
by the respondents and directed the appellant to pay Rs. 31,160/-
to respondent No.2 towards his education expenses. Hence, the
present appeal by the appellant.
It was the case of the respondent that an amount of Rs.
8,660/- was due as arrears vis-à-vis education expenses qua
class-11. Respondent No.2 required expenses to the tune of Rs.
22,500/- towards education expenses for class-12. In this regard,
respondents had placed reliance on the certificates issued by the
school. Respondent No.2 became 18 year old on 28.08.2017.
(3 of 3) [CMA-97/2021]
Thus, when the Session for class-12 had started in April 2017,
respondent No.2 was still a minor.
In these circumstances, learned Family Court had, thus,
rightly directed the appellant to pay Rs. 31,160/- towards
education expenses of respondent No.2.
No ground for interference is made out.
Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
Sunita/Hemant-17
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