1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.223 OF 2008 IN FAMILY COURT APPEAL NO.94 OF 2007 Mrs.Mousumi Mukesh Garg ..Applicant. Versus Mukesh Shrikishandas Garg & Anr. ..Respondents. Ms.Tamali Wad with Mr.Cheten Agarwal for the Applicant. Mr.Tejas Dande for the Respondents. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 11TH JUNE, 2009 P.C. :- 1. We have heard the learned counsel for the parties. 2. This is an application by the wife seeking orders for withdrawal of Rs.5,00,000/- which amount has been deposited with the registry of this Court by the Respondent. 3. The Respondent has filed replies and submitted that he is willing to contribute towards the tuition fees of his elder son Abhishek, who has been admitted in the Drexel University-Bursar Home and therefore he prays for rejecting the application for withdrawal of the 2 amount of Rs.5,00,000/-. 4. The learned counsel for the Applicant states on oral instructions that with the passage of time she does not want to press the application as of now. Also, she has already borrowed the said amount from H.E.S. (Higher Education Scheme). 5. Hence, the application is disposed off as not pressed. 6. We wish to record that if the Respondent desires to contribute towards the higher education fees of Abhishek, he is not stopped from doing so and, as per the information annexed to his additional affidavit dated 23.10.2008, he can contact A.W.G. Dewar, Inc., at telephone no.001(617)774-1555 or can access their website at www.collegerefund.com and find out whether remittances by him under the H.E.S. Plan towards T.R.P. (Tuition Refund Plan) are permissible, if made by him, and he is at liberty to act as per the said advice. 7. We therefore clarify the order disposing off this application will not come in the way of Respondent to contribute in his son’s education. 8. The amount deposited by the Appellant husband, shall be invested in a fixed deposit in a nationalised bank initially for a period of 3 three months and to be renewed thereafter, if the Appeal remains pending. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)