1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 89 OF 2010 IN FAMILY COURT APPEAL NO. 108 OF 2006 Swati Savla ........applicant/appellant versus Yatin Savla ........Respondent. Mrs. Anita A. Agarwal adv. for the applicant/appellant. Mr. Ajit S. Karwande adv. for the Respondent. CORAM: A.P. DESHPANDE AND R.P. SONDURBALDOTA, JJ. DATED : 6th April, 2010. P.C.: 1. This is an application moved by the original appellant (respondent in Marriage Petition filed by the husband) mainly with a view to seek directions against her husband to pay tuition fees of the three daughters, who are taking college education. The parties to the appeal have three daughters who are triplet. One of the daughters by name Preksha is admitted to Physiotherapy at Nerul. The appellant has claimed in the application that the said daughter is studying in second year and the college fees are to be paid for the third year course. The academic sessions commence from June 2010. The college 2 fees are stated to be in the sum of Rs. 97,000/-. It is also claimed by the appellant that she has paid the fees of the daughter for the first year and second year. Barring payment of Rs. 2500/- per month towards maintenance, the petitioner has not contributed towards payment of college fees. In regard to other two daughters, it is stated in the application that they are studying in V.J.T.I. in the faculty of Engineering. They also need to pay college fees of Rs. 30,000/- each. Thus, according to the applicant, a sum of about Rs.1,60,000/- are immediately needed, so that the education of the daughters does not suffer. Other claims are also made in the application. However, at this juncture we do not propose to examine the merit of other claims which can wait till hearing of the appeal. 2. The learned counsel for the respondent has opposed the application by contending that he is regularly paying a sum of Rs. 2500/- to each of the three daughters. The learned counsel for the respondent has relied upon the judgment and decree passed by the Family Court to contend that the direction issued by the Family Court mandates the payment of maintenance only. It is submitted that the respondent husband is not obliged to provide educational expenses to the daughters. We are not impressed by the submission for the obvious reason that the correctness of the judgment and decree of the Family Court is challenged in the present appeal. 3. Our attention is invited to the extracts of the bank account statement issued by the Bank of Baroda. Perusal of 3 the same clearly reveals that three savings bank accounts were opened in the name of the three daughters when they were minor. The account was opened jointly in the name of the parents and the minor children. The extract of the three accounts clearly reveal that the amount from PPF account of the daughters were transferred to savings bank account. Just before the minor daughters were to attain majority, the respondent ( father) has withdrawn the amount of Rs. 6,20,000/-, 6,00,000/- and 2,70,000/- respectively from each of the three accounts of the minor daughters. The withdrawal of the amount has been made on the same day i.e. on 17-7-2008 from all the three accounts. The reference to the withdrawal of the amount is made to show that the respondent is in a position to contribute the college fees of the daughters. The record also shows that the income of the respondent was about Rs. 2 lacs way back in the year 1994-95. The record also reveals that the respondent father is very much capable to pay the fees of the daughters. Hence in the peculiar facts of the present case, and with a view to ensure smooth education of the daughters we pass the following order. 4. We hereby direct the respondent to pay a sum of Rs. 1,60,000/- to the applicant, towards the expenses of education for college fees of the daughters as claimed herein above for the academic session 2010 -2011. The amount shall be paid within a period of four weeks from today. The learned counsel appearing for the respondent submits that the amount 4 will be deposited in S.B. A/c No. 18614 in Dhanlakshmi Bank standing in the name of the applicant. Applicant has no objection. Hence it is permitted. Application thus stands disposed of. (A.P.DESHPANDE, J.) (SMT. R.P. SONDURBOLDOTA, J.)