Bombay High Court
SUSMITA HARSH CHAPPALWAR.versusHARSH NARSINGRAO CHAPPALWAR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the petitioner may withdraw the deposited maintenance amount with interest, provided it is used for the minor's education and necessary expenses and a proper account is kept.
Summary
The petitioner, Susmita Harsh Chappalwar, filed an application to withdraw Rs.4,50,000 deposited by her husband, the respondent, as arrears of maintenance for their minor daughter, Aradhya. The respondent had no objection to the withdrawal but insisted the funds be used solely for the child's needs. The court noted that the daughter, being a minor, cannot manage the funds herself. Consequently, the court permitted the petitioner to withdraw the amount along with accrued interest, directing that it be spent on the child's education and necessary expenses and that a proper account of expenditures be maintained. The application was therefore disposed of in favor of the petitioner.
Issues considered
- Whether the petitioner-wife is entitled to withdraw the maintenance amount deposited by the respondent-husband for the minor daughter, and under what conditions.
Subjects
- maintenance
- minor child
- withdrawal of funds
- court direction
- interest
- accountability
Judgment
2026:BHC-AUG:44072-DB
949 ca 9682-26 .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
949 CIVIL APPLICATION NO. 9682 OF 2026
IN FCA/34/2026
SUSMITA HARSH CHAPPALWAR.
VERSUS
HARSH NARSINGRAO CHAPPALWAR.
...
Mr. Dhakane R. B. h/f Mr. Jayewar Sainath Gangadhar, Advocate for
Applicant
Mr. Balbhim R. Kedar, Advocate for sole Respondent
….
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.
Date : 24/09/2026
PER COURT :
1. Heard rival submissions.
2. The application is filed seeking withdrawal of the amount of
Rs.4,50,000/- deposited by the respondent-husband towards
arrears of maintenance payable for the daughter of the applicant,
namely, Aradhya. Admittedly, pursuant to the direction of this
Court, the respondent-husband has deposited the said amount of
Rs.4,50,000/- before this Court.
3. Learned counsel appearing for the respondent-husband has no
objection to the withdrawal of the said amount; however, he
expressed his concern regarding the utilization of the amount.
According to him, the said amount ought to be utilized only for
meeting the needs of the daughter, Aradhya .
VS Maind/ Page|1
949 ca 9682-26 .
4. Admittedly, Aradhya is a minor girl and is not in a position to
utilize the amount on her own. Considering the said fact, the
applicant-wife is permitted to withdraw the said amount of
Rs.4,50,000/-, along with the interest accrued thereon till date. It is
made clear that the aforesaid amount shall be utilized towards the
education and other necessary expenses of the daughter, Aradhya.
The applicant-wife shall maintain a proper account of the
expenditure incurred from the said amount.
5. Accordingly, the application stands disposed of.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C. MORE]
JUDGE JUDGE
VS Maind/ Page|2
Checking your session…