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Bombay High Court

MR. VIJAY VINAYAK SASVADKARversusMRS. VRUSHALI VIJAY SASVADKAR

Decided
Disposal
Disposed Off

Holding

The appellate court upheld the Family Court's maintenance order, finding no error and dismissing the revision application.

Summary

The applicant, Mr. Vijay Vinayak Sasvadkar, challenged a Family Court order that granted his former wife, Mrs. Vrushali Vijay Sasvadkar, maintenance of Rs.20,000 per month. The applicant argued that the respondent was employed at ICCS Company earning the same amount, had not produced any income documents, and that her educational qualifications should preclude maintenance, also citing his own business liabilities. The respondent contended that no proof of her employment or income was on record and that she had no independent source of income at the time of filing for maintenance. The High Court examined the material evidence, noted the applicant’s business turnover of over Rs.1 crore, and held that the respondent’s education alone does not negate her right to maintenance. Finding no infirmity in the Family Court’s assessment of the parties’ financial positions, the Court dismissed the civil revision application and upheld the maintenance order.

Issues considered

  • Whether the Family Court erred in granting maintenance to the respondent despite alleged income and lack of documentary evidence.
  • Whether the respondent's educational qualifications affect her entitlement to maintenance.
  • Whether the applicant's higher income and business liabilities should alter the maintenance amount.

Subjects

  • maintenance
  • family law
  • divorce
  • financial position
  • educational qualification
  • civil revision
  • Bombay High Court

Judgment

                                                                                           3-CRA-590-2025 (C).doc


                             N.S.Kamble


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION

                                           CIVIL REVISION APPLICATION NO. 590 OF 2025

                             Mr. Vijay Vinayak Sasvadkar                 ...Applicant
                             Versus
                             Mrs. Vrushali Vijay Sasvadkar               ...Respondent
                             ____________________________________________________________
          Digitally signed
          by NILAM
NILAM   SANTOSH              Ms.Pooja B. Makhija, for the Applicant.
SANTOSH KAMBLE
KAMBLE Date:
        2026.09.22           Mr.Ghansham Jadhav, for the Respondent.
          12:58:02 +0530
                             ____________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.
                                                               DATE           : 16th SEPTEMBER, 2026

                             P.C. :

                             .              The challenge in this Application is to the order passed by

                             learned       Family Court, Pune, granting maintenance of Rs.20,000/- per

                             month to the Respondent.

                             2.             It is contention of learned counsel for the    Applicant that

                             Respondent is working in ICCS Company at Mahape Ghansoli, Navi

                             Mumbai with salary of Rs.20,000/- per month.             The Application for

                             maintenance was filed nearby two years after filing of divorce petition,

                             which was after thought. The learned counsel further submitted that the

                             Respondent has not filed an affidavit disclosing her income. No Bank

                             statement or other document were placed on record to show the actual

                             income of the Respondent. The learned counsel further submitted that the

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                                                             3-CRA-590-2025 (C).doc


N.S.Kamble


learned Judge has not considered the educational qualification of the

Respondent.      The Applicant has other liabilities but this fact is not

considered by the learned Judge while determining the amount of

maintenance and requested to allow the Application.

3.           It is contention of learned counsel for Respondent that no

documents have been produced on record to show that the Respondent is

working in ICCS company and that she is earning a salary of Rs.20,000/-

per month. Though the respondent is educationally qualified and capable of

earning but at the time of the filing maintenance application, she had no

independent source of income. The Applicant is carrying on business in the

name of Vijayraj Fire Sales with annual turn over of Rs.1 Crore. The

learned judge has passed well reasoned order and requested to dismiss the

Application.

4.           I have heard both learned counsel. Perused impugned order and

documents produced on record.

5.           It is Applicant’s case that Respondent works at ICCS company at

Mahape Ghansoli, Navi Mumbai. However, no documents produced on

record to show her income. Whereas, the documents produced on record

shows that the Applicant carrying on a business by name Vijayraj Fire sales

and GST documents with list at Exhibit-54 shows that the Applicant runs


                                  Page 2 of 3
                                                                3-CRA-590-2025 (C).doc


N.S.Kamble


the said business and the annual turn over of the said business is more than

Rs.1 crores. On the basis of the income of the Applicant the learned Judge

has granted Rs.20,000/- per month maintenance to the Respondent and I do

not find infirmity in it.

6.           I have gone through the case laws cited by the learned counsel for

the Applicant facts of the present case and cited case are different.

7.           Considering the material placed on record, the learned Judge has

rightly appreciated the financial position of the parties and granted

maintenance of Rs. 20,000/- per month to the Respondent. Mere

educational qualification of the Respondent is not sufficient to deny

maintenance. I find no error or infirmity in the impugned order warranting

interference. Hence, the Application deserves to be dismissed and I pass

following order.

                                   ORDER

              (i)       The Civil Revision Application is dismissed.

              (ii)      All pending Applications are disposed of.



                                                 (SHIVKUMAR DIGE, J.)




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