Bombay High Court

SANDHYA VIJAY MASKE AND ANOTHERversusVIJAY BHASKAR MASKE

Disposal: DISPOSED OFF

Holding

Pending final determination of the marriage, the wife is entitled to withdraw the deposited maintenance amount, and the court may transfer that amount to the Family Court for withdrawal.

Summary

The High Court of Bombay, Aurangabad Bench, dealt with a criminal revision application filed by Vijay Bhaskar Maske seeking acceptance of his August 2026 maintenance cheque, and a concurrent criminal application by Sandhya Vijay Maske for withdrawal of maintenance funds already deposited. The court noted that the applicant had deposited Rs.50,000 as arrears and was required to pay Rs.4,000 monthly, with a total of about Rs.70,000 deposited to date. While the validity of the marriage and entitlement to maintenance remain to be finally decided, the court allowed the wife to withdraw Rs.35,000 of the deposited amount. The court ordered that the withdrawn amount be transferred to the Family Court at Latur, where the wife may collect it. Consequently, the criminal application for withdrawal was disposed, and the cheque for August maintenance was accepted.

Issues considered

Whether the wife is entitled to withdraw the maintenance amount deposited pending final determination of the marriage.
Whether the court can transfer the withdrawn amount to the Family Court for disbursement.
Whether the husband's August maintenance cheque should be accepted by the court.

Subjects

maintenance
family court
criminal revision
marriage dispute
withdrawal of funds
child maintenance

Judgment

                                *1*                      946rev101o26


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

     CRIMINAL REVISION APPLICATION NO. 101 OF 2026
                  VIJAY BHASKAR MASKE
                          VERSUS
         SANDHYA VIJAY MASKE AND ANOTHER
                               ...
Shri Kute Rajendra L., Advocate for the Applicant.
Shri Rahul P. Cheble, Advocate for the Respondents.
                               ...

                          WITH
           CRIMINAL APPLICATION NO. 2709 OF 2026
                     IN REVN/101/2026

           SANDHYA VIJAY MASKE AND ANOTHER
                        VERSUS
                VIJAY BHASKAR MASKE
                                …
Shri Rahul P. Cheble, Advocate for the Applicants.
Shri Kute Rajendra L., Advocate for the respondent.
                               ...

                    CORAM : SUSHIL M. GHODESWAR, J.

                    DATE : 25 August 2026


P. C. :-

1.            Learned advocate for the applicant/ husband submits

that vide order dated 30.03.2026, this Court has directed the

applicant to pay monthly maintenance amount before this Court

on 10th day of each month and to deposit Rs.50,000/- towards

arrears. That maintenance amount comes to Rs.4000/- per month.
                                  *2*                      946rev101o26


Amount of Rs.50000/- has been deposited by the applicant.


2.          Learned advocate for the applicant now makes

request that the cheque towards monthly maintenance for the

month of August, 2026 may be accepted.


3.          Office is directed to accept the said cheque


4.          Learned advocate for the respondent/ wife prays for

withdrawal of the amount deposited by the applicant in this

Court. He submits that out of said wedlock, a child, namely, Viraj

is born and therefore, the amount is required for maintenance.


5.          Learned advocate for the applicant/ husband

strongly opposes the request for withdrawal of amount on the

ground that the learned Family Court has not considered

evidence in proper perspective. Marriage between the parties

itself is disputed and according to him, same has been not at all

taken place. As such, the respondent/ wife is not entitled for

maintenance from the applicant.


6.          The issue as regards marriage between the parties

would be considered finally at the time of final disposal of the

matter. However, till that time, the respondent/ wife cannot be
                                      *3*                      946rev101o26


      restrained from availing maintenance deposited by the husband

      in this Court.


      7.           It is stated that till now, the amount of around

      Rs.70000/- has been deposited in this Court. As such, the amount

      of Rs.35,000/- is permitted to be withdrawn by the respondent/

      wife. Accordingly, Criminal Application No.2709/2026 for

      withdrawal of the amount is disposed of.


      8.           At this stage, learned advocate for the respondent/

      wife makes a request that the amount permitted to be withdrawn

      may be transferred to the learned Family Court at Latur and the

      respondent/wife be permitted to withdraw the amount of

      Rs.35,000/- from the said Family Court.


      9.           In view of the above specific request, the amount of

      Rs.35,000/- be transferred to the Family Court at Latur. After

      such transfer of amount, the respondent/ wife is permitted to

      withdraw the said amount from the Family Court at Latur.




kps                            ( SUSHIL M. GHODESWAR, J. )

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