Delhi High Court - Orders
Seetangeli Bhutani & Ors vs Ajay Bhutani on 26 May, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL. REV. P. 775/2019
SEETANGELI BHUTANI & ORS. ..... PETITIONERS
Through Ms. Malvika Rajkotia, Mr.Ramakant
Sharma and Ms. Akriti Tyagi,
Advocates
versus
AJAY BHUTANI ..... RESPONDENT
Through Mr. Prabhjit Jauhar, Mr.Gurmehar
Sistani and Ms. Tulika Bhatnagar,
Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 26.05.2020 CRL.MA 6067/2020 (seeking directions against the respondent to pay the collegiate expenses of P-2) Hearing has been conducted through Video Conferencing. This is an application filed by the Petitioners seeking a direction to the Respondent to pay the collegiate expenses of Petitioner no.2, who is the daughter of Petitioner no. 1 and Respondent. During the course of arguments, it has been pointed out by the counsel for the Respondent that a similar application has been filed by the Petitioners before the Family Court and the same stands adjourned to 06.06.2020, on account of the COVID-19 Pandemic.
Ms. Malvika Rajkotia, learned counsel for the Petitioners submits that the necessity to press the present application has arisen on account of the fact that Petitioner No.2 has been offered admission at University of Massachusetts in Boston. She submits that deadline to pay the first instalment towards the fee, being USD $ 2000, is 01.06.2020.
Mr. Jauhar, learned counsel for the Respondent vehemently opposes and contests the application. Mr. Jauhar, on instructions, submits that the Respondent is not agreeable to the child studying in a University in USA as the expenses are on the higher side and he is not in a position to afford them. Respondent who is also appearing in person, however, volunteers to pay expenses for the University in UK. Ms. Rajkotia, on the other hand, submits that the financial condition of the Respondent certainly permits him to pay education expenses for the University in USA.
There is no dispute between the parties that the timeline to pay the first instalment of the fee in the University at Boston is 01.06.2020 and in case the said deposit is not made, the admission would be cancelled. In order to balance the equities and to ensure that the welfare of the child is not compromised, it is directed, that Petitioner No. 1 and Respondent will equally share USD $ 2000 and ensure that the timeline for paying the fees in the concerned University is met. This would be without prejudice to the rights and contentions of the respective parties in the pending litigation between the parties in the Family Court.
Since there is a disagreement between the parties on the University in which Petitioner No. 2 should pursue her further studies, in my view, this would need adjudication at the earliest before admissions close and sessions begin. The parties are therefore, at liberty to move an application for early hearing before the Family Court and in case any such application is moved, the Family Court will make every endeavour to hear the matter at the earliest possible date.
The application is disposed of with the aforesaid observations.
JYOTI SINGH, J MAY 26, 2020 yg/