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Bombay High Court

MR.ATUL RALEBHATversusMRS.NEHA RALEBHAT

Decided
Disposal
Disposed Off

Holding

The High Court held that the Family Court erred in fixing permanent alimony and child maintenance without evidence and remanded the matter for a fresh determination based on the parties' actual earnings and needs.

Summary

The husband appealed against the Family Court’s order granting the wife permanent alimony of Rs.10,00,000 and monthly maintenance of Rs.10,000 for their minor daughter, arguing that the amount was fixed without any evidence of his income or the wife’s needs. The Family Court had earlier granted divorce on the basis of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and found the husband satisfied the conditions of Section 23(1). The High Court observed that the lower court had merely assumed the husband’s earnings of Rs.1,00,000 per month and therefore erred in fixing the alimony amount without a proper evidentiary basis. It remanded the matter to the Family Court to determine permanent alimony and child maintenance after taking statements of earnings, assets, liabilities, and needs of both parties. The appellant was directed to continue paying Rs.10,000 per month for the child pending the fresh determination, and the wife was ordered to open an account for these deposits. The appeal and the interim application were disposed of, with the alimony issue sent back for re‑evaluation.

Issues considered

  • Whether the Family Court can fix permanent alimony and child maintenance on the basis of speculative assumptions without evidentiary proof of the husband’s income and the wife’s needs.
  • Whether the direction of permanent alimony should be remanded for fresh determination in accordance with the requirements of the Hindu Marriage Act.

Legislation cited

Subjects

  • permanent alimony
  • child maintenance
  • divorce
  • Hindu Marriage Act
  • family court
  • remand
  • evidence
  • financial disclosure

Judgment

NISHA                 Digitally signed by
                      NISHA SANDEEP
SANDEEP               CHITNIS
                      Date: 2026.08.29
CHITNIS               17:40:21 +0530                          16-FCA.38.2026wia.2963.2026.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                               FAMILY COURT APPEAL NO.38 OF 2026
                                              WITH
                              INTERIM APPLICATION NO.2963 OF 2026
                                               IN
                               FAMILY COURT APPEAL NO.38 OF 2026

                 Atul Ralebhat                               ...Appellant/Applicant
                      Versus
                 Neha Ralebhat                               ...Respondent

                 Mr. Ashwin Pimpale for the Appellant/Applicant-Husband

                 Ms. Amtuzehra Chimthanawala for the Respondent-Wife.

                                              CORAM: BHARATI DANGRE &
                                                     ASHISH S. CHAVAN, JJ.
                                             DATE : 28th AUGUST 2026
                 P.C. :

                 1.               The appeal filed by the husband raises a limited challenge

                 to the directions issued in the impugned judgment passed by the

                 learned Principal Judge, Family Court, Pune on 31 st October 2025,

                 directing the appellant to pay permanent alimony of Rs.10,00,000/- to

                 the wife and Rs.10,000/- per month towards maintenance of the child

                 from the date of filing of the petition till further orders.

                               The appellant does not wish to challenge the direction

                 contained in clause (b) of the impugned judgment, namely, the

 N. S. Chitnis                                                                           1/6
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                dissolution of the marriage solemnized between the parties on 11 th

                July 2016 at Pune, with effect from the date of the decree.



                2.             We have heard the learned counsel for the appellant-

                husband as well as the learned counsel representing the respondent-

                wife. It is pertinent to note that, in the proceedings filed by the

                husband seeking dissolution of marriage under Section 13(1)(ia) of the

                Hindu Marriage Act, 1955, the learned Judge, Family Court,

                formulated two issues viz. (i) whether the petitioner proved that

                respondent has treated her with cruelty as contemplated under Section

                13(1)(ia) of the Hindu Marriage Act, 1955 and (ii) whether the

                petitioner has fulfilled condition under Section 23(1) of the Hindu

                Marriage Act, 1955. Both the issues came to be answered in the

                affirmative.

                               In arriving at this conclusion, the evidence tendered by the

                petitioner (PW1) was taken into consideration. However, the judgment

                specifically reocrds that, though the respondent was well aware about

                the allegations leveled against her, she failed to defend the case as per


N. S. Chitnis                                                                           2/6
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                the rights available to her and a reference is also made to a notce sent

                by the respondent wherein she sought separation, mediation and

                parental custody.    Considering that the respondent had not bothered

                to defend herself, an inference was drawn that she had admitted the

                allegations and that both the parties are not willing to continue the

                relationship.

                            Undisputedly, the wife has not raised a challenge to the

                decree of divorce.



                3.          As far as the grant of permanent alimony is concerned,

                without considering any evidence, the learned Judge, Family Court,

                proceeded on the assumption that the petitioner’s income, he being a

                skilled and qualified person, must be Rs.1,00,000/- per month and

                based on this, permenent alimony of Rs.10,00,000/- was granted to the

                wife, along with payment of maintenance of Rs.10,000/- per month

                towards the minor daughter, till further order is passed.

                            Paragraph 17 of the impugned judgment records thus:-

                            “17. The child can be said as sufferer of this dispute
                                 without any fault. The child is of tendered age.

N. S. Chitnis                                                                         3/6
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                                 The child is in custody of respondent since birth.
                                 The petitioner has mentioned the occupation of
                                 respondent as "home-maker". The petitioner has
                                 admitted his occupation as "service". He has
                                 admitted that he was working in Germany. Now,
                                 he is shifted to India. It appears that petitioner is
                                 skilled and qualified person. The parties cohabited
                                 for more than 7 years. In such situation, petitioner
                                 is bound to make provision for permanent
                                 alimony of respondent and monthly maintenance
                                 of child. The petitioner was bound to disclose his
                                 financial condition. In absence of details, it can be
                                 assumed that petitioner's net income must be
                                 Rs.1,00,000/-per month. Considering this aspect,
                                 this Court is of opinion that permanent alimony of
                                 Rupees Ten Lakhs to respondent and Rs.10,000/-
                                 per month to minor daughter towards monthly
                                 maintenance from the date of filing of petition till
                                 further order, will be sufficient to meet the ends of
                                 justice. Hence, I answer point nos. 1 to 3
                                 accordingly.”


                4.         On hearing the counsel for the parties and on perusal of

                the impugned judgment, we are satisfied that the contest raised by the

                appellant is only to the direction of    permanent alimony and the

                maintainence. We indicated to the learned counel for the appellant

                that, though we deem it appropriate to remand the matter back to the

                learned Judge, Family Court, Pune, for determination of the amount of

                permanent alimony as well as the amount of maintenance to be paid to

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                the daughter, which would necessarily have to be commensurate with

                the earnings of the appellant and since the learned Judge has merely

                carried out a guess work without any evidence produced on record as

                to what is the earning of the husband and what is the need of the wife,

                we permit the respondent-wife to file her affidavit before the Family

                Court, upon the proceedings being remanded and we expect the

                learned Judge, Family Court to determine the amount of permanent

                alimony by drawing a Statement of the earnings of the husband and

                the needs of the wife, and by permitting both the parties to adduce

                appropriate evidence, after taking on record the Statements of Assets

                and Liabilities of both the parties.

                            However, while remanding the matter, we direct the

                Family Court to decide the said proceedings as regards the

                mainenance/permanent almony payable to the wife, within a period of

                six months from today.       However, till that time the apellant shall

                continue to make the payment of Rs.10,000/- per month towards

                maintenance of the daughter and subject to the outcome of the

                proceedings before the Family Court, this amount shall be liable to


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                any adjustment, if necessary, in future.

                            For the purpose of enabling the appellant to deposit the

                amount of maintenance payable towards the daughter as per the

                impugned judgment on a provisional basis, we direct the wife to open

                an account in India and furnish the details thereof to the appellant, so

                that the monthly deposits may be made in the said account.

                            The Family Court Appeal stands disposed of.

                            Interim Application No.2963 of 2026 shall also stand

                disposed of.



                ASHISH S. CHAVAN, J.                       BHARATI DANGRE, J.




N. S. Chitnis                                                                         6/6


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