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ADJOURNMENT Neeta Vs Santosh

BEFORE THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, JUDICATURE AT BHOPAL

MJCR 555/2021

IN MATTER OF:

NEETA MISHRA                                     .....Petitioner

V E R S U S

SANTOSH MISHRA                             .....Respondent


APPLICATION FOR PAYING EDUCATIONAL EXPENSES OF MY SON AND TO SEEK TIME FOR FINAL ARGUMENT ON APPLICATION UNDER 127 CrPC


The Respondent Respectfully Sheweth:

  1. The Respondent filed an application for revision of interim maintenance under section 127(2) of CrPC in the light of the landmark precedent established by the Apex Court in the judgement of Rajnesh vs Neha & Anr, decided on November 04, 2020 on 23rd August 2022 and the Petitioner was an opportunity to file a reply to the application by next date.

  2. The Respondent along with his outstation counsel was present on 26.09.2022 for arguing at length on the Application filed. However, the Respondents in their own lecherousness did not file any reply on 26.09.2022 and on succeeding dates viz 01.11.2022, 24.11.2022.

  3. After a stern warning from the Hon’ble Court to proceed with an argument on application under section 127 CrPC. The Petitioner filed a reply on 15.12.2022.

  4. The Hon’ble Court gave a short date for argument on 23.12.2022 without taking into consideration that the Respondent and the arguing counsel are outstation residents, residing at Nagpur and Delhi respectively. 

  5. Thus, the Respondent is unable to proceed with the argument and seeks a chance to be present before this Hon’ble for concluding the final argument of the application in the first week of February on the grounds that;

    1. The Courts have numerous holidays in the month of January; 

    2. Due to the peak holiday season, it is difficult to get a reserved seat on the train or bus.

  1. Further, the Respondent without prejudice to an application under section 127 of CrPC is desirous of fulfilling his promise to this Hon’ble Court on 01.11.2022 to pay the school fees and other expenses of his son on getting the receipt from the Petitioner but the Petitioner miserably failed to provide the same. However, the Respondent after taking a rough estimation from his son’s previous school towards School Fees and other educational expenses is submitting the Demand Draft dated 19.10.2022 for the number of Rs. 25,000.00 (Rupees Twenty Five Thousand Only) drawn in favour of Viraj Santosh Mishra payable at Bhopal.

  2. The Respondent also seeks the details of the bank account maintained in the name of his son so that the Respondent could transfer the finances required for a better upbringing for his Son.

 Hence this Application




















P R A Y E R


In due consideration of the facts stated, averments made and precedents cited in the application, it is graciously prayed to this Hon’ble Court in the interest of justice, may grant the following relief(s):


  1. Pass an order allowing the Respondent to handover the Demand Draft to the Petitioner;

  2. Pass an order directing the Respondent to provide the details of the bank account maintained in the name of Viraj Mishra;

  3. Pass an order deferring the hearing for the month of February so that the Respondents could make travelling arrangements;

  4. May pass any other relief as this Hon’ble Court deems fit in the interest of justice in favour of the Respondent.


Bhopal

Date: 23.12.2022

Respondent

Counsel for the Respondent



Adv...............

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