School fee set-off from total maintenance

Originally posted by : Rajarshi Mukherjee
	If the mother has custody of a child and under the direction of the Hon'ble Court if the father pays a regular monthly joint maintenance to his wife and child, can the father directly pay the school fees of the child and get the amount set-off from the total amount of maintenance? Does the SC or any HC have any opinion on this? Any help would be appreciated. Thank you

What is the opinion of your advocate?  Can you specify?

Firstly you have not mentioned under which provision of law joint maintenance allowed to both the mother and child, was it under section 125 CR.P.C? If yes than you can always move application under section 127 Cr.P.C for alteration of allowance in the same Family Court, where you can give this proposal and get the joint maintenance for mother and child revised accordingly.

Does the maintenance include school fees or is the same stipulated seperately?

Either ways, It all eventually boils down to the understanding between the parties because if the wife wants to create trouble, she can file a recovery Application before the Court for recovery of the payment not made by you.  

Thank you all for the wonderful response. Please forgive my non specificity. I am looking for any judgement directing a set off from the original total maintenance u/s 127 CrPC to strengthen my case and convince the Court. To clarify, the maintenance is a consolidated one and includes child school fees and it was directed u/s 125 CrPC.

Search for judgments yourself, there are number of citations on the subject.

If you wish you may attach the copy of the order.

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