MADHU PAMNANI Vs. NEERAJ PAMNANI

JUDGEMENT

(1.) This is an appeal filed against the order dated 25.11.2017 passed by the Principal Judge (South), Family Court, Saket by which an execution petition filed by the appellant has been dismissed.

(2.) Learned counsel for the appellant submits that while passing an interim order in a petition pending before the Guardianship Court, six conditions were laid for allowing the visitation rights which find mentioned in the order dated 05.04.2010. She further submits that the petition filed before the Guardianship Court was finally decided by an order dated 27.09.2012. The visitation rights as ordered were to continue to remain in force. The complaint of the appellant is that condition no.6 with regard contribution towards educational expenses of the children has not been complied with by the respondent which forced the appellant to file an execution petition.

(3.) Counsel appearing on behalf of the respondent submits that the respondent continues to pay maintenance in terms of the orders passed in proceedings arising out of Section 125 Cr.P.C., 1973 initiated by the appellant, which has attained finality and in the said order, there is no reference of making separate payments towards educational expenses. Counsel for the respondent submits that the respondent is a diabetic person and also looking after his 70 years widowed ailing mother and thus, he is not in a position to pay more than the amount fixed. It is also submitted that there is no infirmity in the order so passed on 25.11.2017.