Bombay High Court

RADHA ALIAS MEENA KISHAN SHAMNANI AND OTHERSversusJAGDISH MANSARAM SHAMNANI DIED THR LRS VIDHHYABAI JAGDISH SHAMNANI AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The High Court allowed the application and ordered the withdrawal of the deposited maintenance amount.

Summary

The applicant filed a civil application seeking permission to withdraw the amount of Rs.1,50,000 deposited by the respondent in a writ petition challenging a Family Court order of attachment for unpaid maintenance. The writ petition arose from an order dated R.D. No.5 of 2019 where the Family Court, Jalgaon, attached property to recover maintenance dues. The High Court had earlier, on 22 September 2025, granted an ad‑interim stay of the attachment on the condition that the respondent deposit Rs.1,50,000 within two weeks. The court observed that the deposited sum represented the maintenance liability and there was no justification to retain it. Consequently, the application for withdrawal of the deposited amount was allowed and the matter disposed as per prayer clause ‘A’.

Issues considered

Whether the High Court can order the withdrawal of the maintenance amount deposited by the respondent in the writ petition

Subjects

maintenance
family court
attachment of property
interim stay
deposit withdrawal
writ petition

Judgment

2026:BHC-AUG:13797

This order is corrected vide speaking to the minutes order dated 30.3.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
952 CIVIL APPLICATION NO. 13511 OF 2025 IN WP/11531/2025

Radha Alias Meena Kishan Shamnani And Others
VERSUS
Jagdish Mansaram Shamnani Died Thr Lrs Vidhhyabai Jagdish Shamnani
And Others
...
Advocate for Applicant : Mr. Kulkarni Mukul S.
Advocate for Respondents : Mr. Sachin Bhalerao h/f Ms. Sakshi Ajit Kale,
Petitioner In WP
CORAM : S. G. CHAPALGAONKAR, J.
Dated : March 24, 2026

PER COURT :-
1. Present application is filed seeking permission to
withdraw the amount deposited by the respondent in present
writ petition.
2. Writ petition is filed raising challenge to the order
passed in R.D. No.5 of 2019 thereby the Family Court, Jalgaon
had passed order of attachment of property for recovery of
unpaid maintenance amount.
3. This Court on 22.9.2025 granted ad-interim stay subject
to deposit of Rs.1,50,000/- within a period of two weeks.
Undisputely, this is the amount towards dues of maintenance.
This Court has no reason to withhold such amount.
4. In result, the application is allowed in terms of prayer
clause ‘A’ and disposed of.

( S. G. CHAPALGAONKAR, J. )
…

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