Bombay High Court

MADHAVI MAYUR INDE ALIAS MADHAVI CHANDRASHEKAR PANCHAKSHARI AND ANOTHERversusMAYUR MALLIKARJUN INDE

Disposal: APPLICATION ALLOWED

Holding

The court allowed the wife's application to withdraw the Rs.50,000 deposited by the husband.

Summary

The husband deposited Rs.50,000 in the court as interim maintenance without prejudice to his rights. The wife filed a separate application seeking withdrawal of that amount, contending that her total maintenance arrears exceed Rs.4 lakhs and that she is unemployed. The husband objected to the withdrawal and challenged the wife's claim of unemployment. The court considered these objections but, pending the main petition, allowed the wife's application to withdraw the deposited amount. Consequently, the application was permitted and the writ petition was listed for disposal at the admission stage.

Issues considered

What is the effect of a deposit made by a husband as interim maintenance on the wife's right to withdraw the amount?
Can the wife's claim of unemployment and the existence of maintenance arrears affect the withdrawal of the deposited amount?

Subjects

maintenance
interim maintenance
withdrawal of funds
family law
court order

Judgment

2026:BHC-AUG:44100
                                                 -1-
                                                               963-APPLN-3633-2026

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 3633 OF 2026
                                    IN WP/385/2026
                                         WITH
                         CRIMINAL WRIT PETITION NO. 385 OF 2026

                   MADHAVI MAYUR INDE ALIAS MADHAVI CHANDRASHEKAR
                             PANCHAKSHARI AND ANOTHER
                                       VERSUS
                              MAYUR MALLIKARJUN INDE

                                              .....
              Advocate for Applicant : Mr. Yogesh B. Bolkar
              Advocate for Respondent : Mr. S. P. Katneshwarkar
                                              .....

                                             CORAM : HITEN S. VENEGAVKAR, J.
                                             DATED : 22nd SEPTEMBER 2026
              PER COURT :

              1.         Heard the learned Advocates for the parties.


              2.         By the direction of this Court, the learned Advocate for

              the petitioner - husband had deposited an amount of Rs.50,000/-

              without prejudice to his rights and contentions raised by him in the

              application challenging the order of interim maintenance.



              3.         Learned Advocate appearing for the wife has preferred

              a separate application for withdrawal of the said amount. He

              submits that, as on date, the total amount of maintenance in

              arrears is over Rs. 4 lakhs.
                                   -2-
                                                    963-APPLN-3633-2026

4.            Learned Advocate for the petitioner -husband disputes

the same. He also raises an objection to the averment made by the

applicant - wife that she is unemployed.



5.            These objections can be taken into consideration while

deciding the main petition filed by the petitioner – husband. In the

meantime, I am inclined to allow the application and permit the

applicant - wife to withdraw the amount of Rs.50,000/- deposited in

this Court.



6.            The application filed by the wife stands allowed.



7.            List the Writ Petition for disposal at the stage of

admission itself on 26.10.2026.




                                         (HITEN S. VENEGAVKAR)
                                                JUDGE




Tandale

Continue reading with your account

Checking your session…