DISHA SETHI Vs. CHANDER MOHAN SETHI

JUDGEMENT

(1.) HEARD counsel for the parties. The learned trial Court vide its order dated 15th February, 2006, directed the minors/plaintiffs to, deposit the court-fee. Aggrieved by this order, the minors have approached this Court.

(2.) THE relations between the husband and wife were strained and thereafter, the minors, Disha Sethi and Sanskar Sethi, filed a suit for maintenance against their father through their next friend, Smt. Rashmi Sethi, their mother. Vide the impugned order Smt. Rashmi Sethi was appointed ad litem guardian for the minors/plaintiffs.

(3.) BEFORE the trial Court it was prayed that the minors/plaintiffs have no source of income and that they are dependant only on their mother and other relatives. A prayer was made that they should be exempted from paying the court-fee. Their application was supported by an affidavit of Smt. Rashmi Sethi. The report of SDM was also called and this is an indisputable fact that the SDM reported that the minors are indigent persons. The statement of Smt. Rashmi devi was also recorded under Order 33 CPC. In her statement, she has stated that the school fee of the minors in the sum of Rs. 4950/- is being paid by her. She also stated that she has got two accounts having balance of rs. 7,000/- and Rs. 12,879. 40/ -. According to her she is drawing a salary of rs. 12,000/- per month as she is working as Deputy Manager (Accounts ).