Bombay High Court

DNYANDEO RAMBHAU JAIBHAYversusMANISHA W/O DNYANDEO JAIBHAY AND OTHERS

Disposal: DISMISSED

Holding

The applicant is not entitled to an interim stay of the Family Court orders and the revision application is dismissed.

Summary

The applicant, Dnyandeo R. Jaibhay, sought a revision of the Family Court, Beed's orders granting maintenance to his wife and children, which the High Court initially stayed subject to a 50% deposit of the arrears. The stay was later modified, requiring the applicant to deposit Rs.2,00,000 within two weeks to demonstrate his bonafides. The applicant failed to make the deposit and made no further request for time. The High Court observed that the applicant had not complied with the deposit direction and that the arrears amounted to approximately Rs.10,63,000. Consequently, the Court held that the applicant was not entitled to any interim relief or stay of the Family Court orders and dismissed the revision application without costs.

Issues considered

What is the appropriate basis for granting an interim stay of Family Court maintenance orders pending deposit of arrears?
Whether the applicant's failure to deposit the directed amount bars him from obtaining interim relief.

Subjects

maintenance
family court
interim stay
revision
arrears
court order compliance

Judgment

2026:BHC-AUG:43884




                                                    -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                       962 CRIMINAL REVISION APPLICATION NO. 29 OF 2024

                                 DNYANDEO RAMBHAU JAIBHAY
                                          VERSUS
                          MANISHA W/O DNYANDEO JAIBHAY AND OTHERS

              Mr.A.R.Hange, Advocate for the Applicant.
              Mr.N.R.Thorat, Advocate for Respondent No.1 to 3.

                                      ( CORAM : SUSHIL M. GHODESWAR, J. )

                                         DATE : 23rd SEPTEMBER, 2026

              PER COURT :


              1.                 This Court, vide order dated 12.08.2026, stayed the

              impugned judgment and orders dated 06.04.2021 and 14.12.2023

              passed by the learned Family Court, Beed in Petition No.E-14 of 2020

              subject to deposit of 50% of the outstanding amount.             The said

              outstanding amount was directed to be deposited within a period of 3

              months from the date of the order dated 12.08.2026.


              2.                 On 02.09.2026, the aforesaid order came to be modified.

              Despite passing a detailed order, observing that the wife and children of

              the applicant are suffering from various difficulties and they are unable

              to maintain themselves in order to meet their basic needs.      Therefore,


              khs/Sept.2026/29
                                       -2-

the Applicant is directed to deposit Rs.2,00,000/- within a period of 2

weeks in order to show his bonafides.


3.                 Today, the learned Advocate Mr.Hange submits that the

Applicant has not deposited the aforesaid amount as directed by this

Court, though he has communicated this order to the Applicant. Since

the impugned orders were passed on 06.04.2021 and 14.12.2023, the

matter was heard for the first time before this Court. Since the total

amount of arrears of maintenance is around Rs.10,63,000/- and there

being no efforts made on behalf of the Applicant till date to deposit the

amount as directed, this Court is of the opinion that the Applicant is not

entitled for the interim relief as regards staying the effect and operation

of the impugned orders.


4.                 Today also there is no request on behalf of the Applicant

that some more time be granted to him to deposit the amount. In that

view of the matter, the instant revision application stands dismissed. No

order as to costs.



                                          ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/29

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