Created by Fuzzy Cloud

Bombay High Court

KISHAN UTTAM CHAVAN S/O UTTAM SADASHIV CHAVANversusKOMAL KISHAN CHAVAN D/O DILIP ANANTRAO MOHITE

Decided
Disposal
Disposed Off

Holding

The Court held that the previously awarded maintenance of Rs.10,000 was inadequate and ordered maintenance of Rs.13,000 per month.

Summary

The husband, Kishan Uttam Chavan, appealed a Family Court order granting his wife, Komal Kishan Chavan, maintenance of Rs.10,000 per month, arguing that his temporary employment and lower earnings of Rs.35,000 made the amount excessive. The wife contended that the husband actually earned Rs.76,500 per month, had no permanent source of income, and that she had no independent earnings, making the awarded amount insufficient for her daily needs. The High Court examined the salary evidence, noted the husband’s dependents, and considered the prevailing cost of living and inflation. It concluded that Rs.10,000 was inadequate and increased the maintenance to Rs.13,000 per month payable by the husband to the wife. The Court dismissed the husband’s revision application (Rev 446/2025) and partly allowed the wife’s revision application (Rev 210/2026), ordering payment of arrears and setting a timeline for further deposits.

Issues considered

  • Whether the maintenance of Rs.10,000 per month awarded by the Family Court is adequate in view of the husband’s income and dependents.
  • Whether the maintenance amount should be enhanced to meet the wife’s living expenses.
  • What is the appropriate quantum of maintenance payable by the husband to the wife?

Subjects

  • maintenance
  • family law
  • revision
  • cost of living
  • inflation
  • spousal support

Judgment

                                                                                      7-REVN-446-2025 (CR).doc

                             S.S.Kilaje



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL REVISION APPLICATION NO. 446 OF 2025

                                   Kishan Uttam Chavan                                    ...Applicant/s
                                   VERSUS
                                   Komal Kishan Chavan                                    ...Respondent/s

                                                                    WITH

                                             CRIMINAL REVISION APPLICATION NO. 210 OF 2026

                                   Komal Kishan Chavan Alias Komal Dilip Mohite           ...Applicant/s
                                   VERSUS
                                   Kishan Uttam Chavan                                    ...Respondent/s

                                   _________________________________________________________________
          Digitally signed
SONALI SATISH
       by SONALI
               KILAJE
SATISH Date:
       2026.09.24
KILAJE 14:13:18
       +0530
                                   Mr. Manjeet Lotankar i/b. Mr. Shailendra Ghare, Advocate for Applicant in
                                   REVN/446/2025 and for Respondent in REVN/210/2026.

                                   Mr. Sumit Kothari, for Applicant in REVN/210/2026 and for Respondent
                                   in REVN/446/2025.
                                   _________________________________________________________________

                                                                      CORAM        : SHIVKUMAR DIGE, J.
                                                                      DATE         : 21st SEPTEMBER, 2026.
                                   P.C. :

                                   1.         The challenge in the Revision Application No.446 of 2025 is to

                                   the order passed by the learned Family Court, Pune, whereby the learned

                                   Judge    has   granted   maintenance   of    Rs.10,000/-   per   month   to

                                   respondent/wife. The respondent/wife has also challenged the said order

                                   seeking enhancement of the maintenance amount.

                                   2.         It is contention of learned counsel for the applicant/husband

                                                                  Page 1 of 3
                                                          7-REVN-446-2025 (CR).doc

S.S.Kilaje


      that applicant is not a permanent employee, he is temporary employee and

      earns Rs.35,000/- per month. He has no permanent source of income. His

      mother, father and sister are dependent on him. Due to complaint made

      by the wife, his salary has been reduced. However, this fact has not been

      considered by the learned Family Court and has granted maintenance of

      Rs.10,000/- per month to the respondent/wife, which is on higher side and

      requested to allow the application.

      3.         It is contention of learned counsel for the respondent/wife that,

      as per the record, the salary of the applicant/ husband is Rs.76,500/- per

      month. The respondent/wife has no source of income. It is submitted that

      the respondent/wife needs the amount towards her daily expenses,

      accommodation and other expenses. However, these facts are not

      considered by the learned family Judge and only maintenance of

      Rs.10,000/- per month has been granted, which is inadequate and

      requested for enhancement of the maintenance amount.

      4.         I have heard both the learned counsel.       Perused impugned

      order. From documents produced on record it shows salary of husband

      was Rs.76,500/- per month. Respondent/wife has no source of income.

      On the basis of evidence produced on record, the learned Judge has passed

      the impugned order. In my view, the applicant/husband was earning

      Rs.76,500/- per month.      His family members are dependent on him.



                                      Page 2 of 3
                                                              7-REVN-446-2025 (CR).doc

S.S.Kilaje


      Considering the present cost of living and inflation, the amount of

      Rs.10,000/-     awarded     towards     maintenance      is   inadequate.   The

      respondent/wife needs some more amount for her maintenance and I pass

      following order :

                                                ORDER

                    (i)   Revision Application No. 446 of 2025 is dismissed.

                          Revision Application No. 210 of 2026 is partly allowed.

                    (ii) The respondent/husband in Revision Application No.210

                          of 2026 shall pay Rs.13,000/- per month as maintenance

                          to the applicant/ wife from the date of filing of

                          application.

                    (iii) The applicant /wife is permitted to withdraw the arrears

                          of maintenance deposited by the respondent / husband.

                    (iv) The respondent / husband shall deposit the remaining

                          arrears of maintenance within three weeks from the date

                          of uploading of this order.

      5.         Both the Revision Applications are disposed of.



                                                        (SHIVKUMAR DIGE, J.)




                                         Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.