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Bombay High Court

SOU. SANJIVANI DATTATRAY KHANDEKARversusSHRI. DATTARYA VISHWANATH KHANDEKAR

Decided
Disposal
Disposed Off

Holding

The court held that the applicant is entitled to withdraw the maintenance amount deposited by the husband, with interest if any.

Summary

The applicant, Vaishali Anil Tikam, a wife, filed an interim application seeking to withdraw the maintenance amount that her husband, Anil Tikam, had deposited. The respondent objected to the withdrawal. The court considered that the deposited amount was maintenance payable to the wife and, therefore, she was entitled to access it. The judge allowed the interim application, permitting the applicant to withdraw the deposited amount along with any accrued interest. The application was subsequently disposed.

Issues considered

  • Whether a wife can withdraw the maintenance amount deposited by her husband pending further proceedings

Subjects

  • maintenance
  • interim relief
  • family law
  • withdrawal of deposited amount
  • wife's rights

Judgment

                                                                            908 IA 6609 of 2026.doc

                   Tikam


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION.

                                      INTERIM APPLICATION NO. 6609 OF 2026
                                                       IN
VAISHALI                                 WRIT PETITION NO. 8107 OF 2018
ANIL
TIKAM
                       Sanjivani Dattatray Khandekar                         ...Applicant
Digitally signed
                                  Vs.
by VAISHALI            Dattatray Vishwanath Khandekar                        ...Respondent.
ANIL TIKAM
Date:
2026.09.23
11:56:28 +0530         _________________________________________________________________

                       Mr. Sriram A. Gawade a/w Sagar Tambe, Advocate for Applicant.
                       Mr. Shubham Sonawale a/w. Ms. Sanika Said a/w. Saima Shaikh a/w.
                       Abhishek Salunke i/by Vinod P. Sangvikar, Advocates for Respondent.
                       _________________________________________________________________

                                                           CORAM     :   SHIVKUMAR DIGE, J.
                                                           DATE      : 22nd SEPTEMBER, 2026.
                       P.C. :

                       1.         Heard learned counsel for the Applicant and Respondent.

                       2.         By this Application, the Applicant is seeking withdrawal of

                       amount deposited by Respondent-husband.

                       3.         Learned counsel for the Respondent strongly objected for

                       withdrawal of the amount.

                       4.         I have heard both learned counsel. As the Applicant is wife and

                       Respondent has deposited the maintenance amount, considering this fact, I

                       pass following order:

                                                         ORDER

                       (i)        Interim Application is allowed.



                                                       Page 1 of 2
                                                        908 IA 6609 of 2026.doc

Tikam


    (ii)    The Applicant is permitted to withdraw the amount deposited

            by husband with interest, if any.

    (iii)   Interim Application is disposed of.



                                                (SHIVKUMAR DIGE, J.)




                                  Page 2 of 2


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