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SHRI   16 February 2016

Section 18 of family court act 1984 and cpc 1908

I divorced in 2013 with mutual consent, and one of the condition was that I will bear the education expenses of my daughter.  Since 2013 I have been paying my daughters fees regularly, but I think during the admission to another school my ex-wife paid some Rs. 25000, but now she send me a notice through family court that I haven't paid any fees and demands me to pay Rs. 79000 as her educational expenses.  I received the notice mentioning Section 18 of family court Act 1984 and CPC 1908.

I want to know how to deal with this situation without a lawyer, i.e. how can I reply myself.



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 1 Replies

Vijay Raj Mahajan (Advocate)     17 February 2016

 

The court notice is with regard to the execution of the due amount from you that you had promised to pay for the education of your daughter.

If you want to challenge it you first will have to check what actual terms and conditions were with regard to payment of money for education of the daughter. If you never mentioned limit to which you will be paying for the education, the enhancement of fee and other expenses for the education of daughter will be said to cover in those terms and conditions.

As you state your ex-wife spend Rs25,000/- but is demanding Rs79,000/- as recovery of due in this regard, in such case you should take Rs25,000/- with you on the date of appearance with you in the form of Bank Draft and deposit in the execution court. Along with this you can object for the demand of Rs54, 000/- more than from the due amount from you. The onus to prove that the amount of Rs54,000/- was also spent by your ex-wife on the education of the daughter will be for her to prove with documentary evidence like receipt of the payment for the education of daughter, if she fails to prove it her demand of Rs54,000/- more will be rejected by the Family Court.


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