ALISHA CHAUDHARY Vs. TARUN CHAUDHARY

JUDGEMENT

(1.) BY this order, I shall dispose of the application under Section 151 cpc filed by the plaintiff praying inter alia that the defendant be directed to make the payment of Rs. 68,000/- per semester from January, 2009 onwards and other fees of the university and pocket expenses of Rs. 5,000/-per month and to further pay it till the final disposal of the case.

(2.) THE plaintiff is the eldest daughter of the defendant and has filed the suit for recovery of maintenance and marriage expenses against the defendant. The plaintiff is studying in University of Petroleum and Energy studies at Deharadun and is the student of integrated B. Tech five years course and MBA (Oil. and Gas) and is in the second year. The plaintiff is dependent on her father for food, residence, education and for her marriage. It is alleged that her college fee is Rs. 68,000/- per semester and hostel charges are Rs. 36,000/ -. In addition, the University bus charges are Rs. 12,500/- per year. The plaintiff also requires Rs. 5000/- per month as day to day expenses for her maintenance etc. The mother of the plaintiff does not have sufficient means to pay the school fees.

(3.) DURING the pendency of the suit, the plaintiff filed IA No. 3184/2006 under Section 20 of the Hindu Adoption and Maintenance Act, 1956 for ad interim maintenance. Vide order dated 5th August, 2008 this Court directed that the defendant to bear the college fees of the plaintiff from 1. 8. 2008 to 31. 3. 2009 along with the hostel charges for the above said period. The plaintiff has also filed an application being IA No. 3183/2008 under Order 33 Rule 1 and 2 CPC read with Section 151 CPC to allow the applicant to file the present suit as an indigent person. It is listed for hearing before Joint registrar for 24th April, 2009 for conducting an enquiry in respect of indigency of the petitioner.