1 WP.9390/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 9390 OF 2010 Miss. Girisha Ajit Lakhani ...Petitioner Vs. Smt. Kiran Ajit Lakhani ...Respondent Mr. Hakim Salim A.R for the Petitioner Ms. Usha Shrivastav a/w. Mr. Uttamchand a/w Mr. Satish Rauth i/b. M/s Consulta Juris for Respondent V.P. Not filed. CORAM : SMT. ROSHAN DALVI, J. DATED : 23RD DECEMBER, 2010 P.C. : Rule made returnable forthwith. 1. In an acrimonious matrimony one daughter has to be maintained by two parents. Both the parents desire to maintain the daughter, if they had custody of the daughter. The father has custody of daughter. The mother has access rights. The daughter is major. She is pursuing her college education. The father is stated to have incurred her maintenance expenses. Those expenses are mentioned at page 13 of the Petition. The expenses are seen to be highly inflated. These are general expenses Rs.72,000/­ for food, milk, medicine etc. Books and stationary Rs.12000/­ , clothing and accessories (dress, jeans tops bags, belt, bracelets shoes etc.) Rs.48,000/­ and pocket 2 WP.9390/2010 expenses Rs.24,000/­ p.a. The father wants a rebate in these expenses by the mother paying some amount for the daughter’s maintenance. 2. The father has shown one salary slip of May 2010. The father’s gross income is Rs.36,000/­, his deductions are Rs.9,000/­. His take home pay is Rs.27,000/­. Amongst the deductions festival advance is Rs.3000/­. Festival advance cannot be allowed each month. Hence generally his take home pay would be about Rs. 33,000/­. 3. The father has relied upon the salary slip of the mother. Her gross income is Rs.22,000/­. Her deductions are Rs.9,000/­. Her net income is Rs.12,000/­. Father’s Advocate states that her G.P.F is Rs.7,000/­ which is rather high. We are not concerned with determining the maintenance amount payable for the child. The father who has the custody of the child is required to bear expenses entirely. It is only because the mother is also earning that she would be called upon to contribute, if the expenses are steep and outside the means of the father. 4. The Advocate on behalf of the mother drew my attention to the father’s evidence in the Family Court’s proceedings where he deposed that he was ready and willing to take care of his child until her marriage. He also deposed that financially or 3 WP.9390/2010 otherwise he would not take help of others. He deposed that his family was well established financially, socially or otherwise. Upon his evidence he has been given custody of the child. 5. It is argued on behalf of the mother, and rightly, that after such evidence the father cannot throw his hands up and claim maintenance by way of dole. 6. It is argued on behalf of the father that the expenses of the child have increased since the date of his evidence in April 2002. The daughter has attained majority and is undergoing college education. Her college education fees are higher than the fees in the school. This would be a changed circumstances requiring some modification. Hence the application of the father has been considered. 7. The mother states that any amount given in cash on account of the daughter would be misused by the father. She states that she is prepared to pay her educational expenses directly in the institution where she takes education. That offer is reasonable and deserves to be accepted. 8. It is not disputed that the daughter attends college. The mother has offered to pay the entire college fees for the next year directly in the college. The mother shall pay the fees and obtain a receipt herself. 4 WP.9390/2010 9. Expenses are claimed also on account of coaching classes which the father claims to have incurred. It is disputed by the mother that the child attends coaching classes. There is nothing to show that she attended coaching classes. If the child has attended coaching classes in the last year and this year and if she produces receipts of the coaching classes, then the expenses claimed on account of the coaching classes may be taken to be justified and true. Under those circumstances the mother may be directed to pay also for the coaching classes which are disputed by her. If the last year’s as well as this year’s receipts of the fees paid for any coaching classes is not shown, the mother cannot be directed to pay that amount. 10.The other amounts expended by the father without any further substantiating documents cannot be taken to be true to direct the mother to pay for them. Hence at present no directions in that behalf are passed. 11.The dispute is unfortunately between a child and her mother. The Court deemed it fit to make the mother and the child talk over their differences to see if any reasonable settlement of their entire overall dispute can be arrived at. That does not seem possible. It would not be proper for the Court to interfere with the personal preferences of both the parties to lead their respective lives as they choose. However it would be in the 5 WP.9390/2010 interest of all if the parties see reason and come to an amicable resolution of their dispute to bring it to an end either by reconciliation or by an amicable dissolution. 12.Rule is granted accordingly. 13.The Writ Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)