Can School fee be adjusted against interim maintenance amount
Hi !
My sister with her twin daughters lives in her matrimonial home [in a separate portion]. in Sept'2019, u/s 125 CrPC, she got entitled to 25K as interim maintenance from her husband, which is ordered to be directly transferred in her bank account. Her husband never complied with the court's order and gave part payments. Also, he had voluntarily paid children's school fee, even it was not directed by the Hon'ble court.
We always calculated our arrears as per the order which says the amount transferred in our bank account. Therefore, we filed one execution for the arrears amount. Her husband gave his own calculations, false bills of grocery, gas, electricity bills etc, and School fee receipts to be adjusted against this execution amount.
Now, the family judge ordered to adjust the school fee against our execution amount as it was paid directly to the school. and it was DH's responsibility to pay the school fee.
Here, when it was clearly mentioned in the order to transfer the interim amount in DH's bank account, then why he had made the fee payments ? Moreover, immediately after the interim order was passed, the JD had given an application that till now he was bearing the school fee and other expenses, but now as the interim of Rs. 25k is decided. so he would not be bearing any expenses in shape of school fee, food, clothing etc.But even then he continued paying school fee so that his other false payments would also get adjusted along with school fee.
The School fee amount was around 12k per month. so what would have happened if school fee amount was Rs 20,000, would that also have been adjusted? In this way, how will we be able to fulfil the basic needs of life with the remaining amount?
Should we challenge this order in the High Court ?
What is your opinion ? "Is School Fee comes under maintenance ?"
If everyone continues to interpret/mould court's order as per their wish, then what is the need of judges ?
Pl advise !