Bombay High Court
NANDKUMAR MOHAN BHATversusADITI NANDKUMAR BHAT ALIAS ADIT SHRAIKANT KULKARNI
- Decided
- Disposal
- Disposed Off
Holding
The appellate court remanded the case to the Family Court to determine permanent alimony, as no specific prayer for such relief was made in the original petition.
Summary
The husband appealed a Family Court order that dissolved his marriage, granted maintenance for his son, and directed the wife to pay Rs.15,00,000 as permanent alimony. He accepted the dissolution and child maintenance but contested the alimony direction, arguing that no specific prayer for permanent alimony was made in the original petition. The appellate court noted the wife's counsel also conceded the absence of such a prayer. Consequently, the court remanded the matter to the Family Court to consider only the issue of permanent alimony, allowing the petitioner to amend his pleadings and framing a specific issue for adjudication. The court instructed the Family Court to decide the alimony claim within six months while leaving the other orders untouched. The appeal and interim application were disposed of, with the case sent back for further proceedings on the alimony claim.
Issues considered
- Whether the Family Court could award permanent alimony when the petition did not specifically pray for it
- Whether the appellate court should interfere with the Family Court's order granting permanent alimony
Legislation cited
- Hindu Marriage Act — s. 13(b)
Subjects
- divorce
- Hindu Marriage Act
- permanent alimony
- maintenance
- family court
- amendment of pleadings
- remand
Judgment
35-ia-2132-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2132 OF 2026
IN
FAMILY COURT APPEAL NO.21 OF 2026
Nandkumar Mohan Bhat .. Applicant
In the matter between
Nandkkumar Mohan Bhat .. Appellant
vs.
Aditi Nandkumar Bhat alias
Aditi Shraikant Kulkarni .. Respondent
Mr.Kapil Shetye for the Appellant.
Mr.Ashutosh Kulkarni for the Respondent.
CORAM : BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ
DATE : 8th MAY 2026
P.C. :
1 The Family Court Appeal is 8led by the husband being
aggrieved by the order dated 21/01/2026 passed by the Family
Court No.2, Pune, where the Petition 8led by the wife was allowed
and the marriage solemnized on 07/03/2006 is dissolved by a
Digitally signed
RAJSHREE by RAJSHREE
KISHOR MORE
KISHOR
MORE
Date:
2026.05.08
17:43:05 +0530 Decree of divorce under Section 13(b) of the Hindu Marriage Act.
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35-ia-2132-2026.odt
The said order also directed payment of maintenance of
Rs.20,000/- per month with 10% increase every year to the son,
from the date of passing of order, till he attains majority.
2 The learned counsel for the Appellant has instructions to
make a statement that as far as these two directions are
concerned, he has no grievance, but his grievance is about
direction in Para 4 of the order, where the Respondent is directed
to pay a sum of Rs.15,00,000/- towards permanent alimony to the
Petitioner within a period of two months from the date of the
order.
By inviting our attention to the impugned Judgment of the
Family Court, the learned counsel has urged that there was no
prayer for permanent alimony and in absence of any pleading to
that effect, when he responded to the Petitioner and even stepped
into the witness box, he did not adduce any evidence in that
regard.
The learned counsel for the Respondent-wife conceded to
the fact that there was no such speci8c prayer.
3 In the wake of the aforesaid, since the appellant husband
has agreed to abide by the above two stipulations in the impugned
Judgment viz. the marriage having been dissolved at the instance
of the wife and the maintenance granted to the son with its
enhancement every year, but in absence of any adjudication on
the issue of permanent alimony, we deem it appropriate to
remand the Petition No.1174/2019 to the Family Court, Pune.
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35-ia-2132-2026.odt
Since the learned counsel for the wife has speci8cally
conceded that there was no speci8c prayer for grant of
permanent alimony, we grant him liberty to amend the pleadings
in the petition so that upon this plea being adopted, the
Respondent-husband would be in a position to respond and the
Court shall frame a speci8c issue, restricting only to the claim of
permanent alimony and adjudicate the same after affording
necessary opportunity to the parties to adduce evidence.
Since what deserve consideration by the Family Court is
only the issue of permanent alimony, we make it clear that the
Family Court shall not touch the other 8ndings in the Judgment
and shall restrict itself to the claim of permanent alimony.
We expedite the proceedings before the Family Court upon
its remand and direct the same to be determined in any case, not
later than six months from today. We make it clear that rights
and contentions of both the Parties are kept open.
We also make it clear that as far as maintenance of the child
is concerned, since that is not questioned by the husband, he
shall deposit the arrears, if any, and shall continue to make
payment in terms of clause no.(3) of the order dated
21/01/2026 .
In the wake of above, Family Court Appeal alongwith
Interim Application stand disposed of.
[MANJUSHA DESHPANDE, J.] [BHARATI DANGRE, J.]
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