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Bombay High Court

YOGESH JETHALAL JAINversusMITTAL YOGESH JAIN (GALA) @ MITTAL PRADEEP SANGOI

Decided
Disposal
Disposed Off

Holding

The appellate court found no infirmity in the Family Court’s maintenance order and dismissed the writ petition.

Summary

The petitioner challenged a Family Court order that granted Rs.30,000 per month maintenance to the respondent-wife and Rs.20,000 per month to their daughter, along with school fees, alleging that the court had not properly assessed his income and had ignored the respondent's undisclosed earnings. The petitioner argued that the respondent runs a family business and works as a teacher, earning a substantial income, and that he also pays an annual LIC premium for the daughter. The respondent contended that she has no independent source of income and relies on the petitioner, who is a businessman earning crores, and that the lower court’s order was well‑reasoned. The High Court examined the parties’ submissions and the income figures, noting that the petitioner’s assessed income for AY 2023‑24 was Rs.9,93,980 and that the respondent appeared to have no separate income. Finding no infirmity in the Family Court’s reasoning, the Court dismissed the writ petition, leaving the maintenance order intact.

Issues considered

  • Whether the Family Court erred in fixing the amount of maintenance without a proper assessment of the petitioner's income.
  • Whether the respondent's alleged undisclosed income and employment affect the quantum of maintenance.
  • Whether the petitioner's claim of paying an LIC premium for the daughter is relevant to the maintenance determination.

Subjects

  • maintenance
  • family court
  • income assessment
  • affidavit of assets and liabilities
  • lic premium
  • maternity
  • writ petition
  • appellate jurisdiction

Judgment

                                                                               7-WP-10038-2025 (C).doc

                      Tikam


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 10038 OF 2025

                          Yogesh Jethalal Jain                                    ...Petitioner/s
                          VERSUS
                          Mittal Yogesh Jain (gala) @ Mittal Pradeep Sangoi       ...Respondent/s

                          _________________________________________________________________

                          Mr. Prabha Badane i/by Mr. Prasad Thonse, Advocate for Petitioner.
                          Ms. Vanshika Mahajan h/f. Preeti Gada, Advocates for Respondent.
                          _________________________________________________________________

                                                              CORAM       :   SHIVKUMAR DIGE, J.
                                                              DATE        : 9th SEPTEMBER, 2026.
                          P.C. :


                          1.          The challenge in this Writ Petition is to the Impugned order

                          passed by the Family Court, Mumbai granting maintenance of Rs.30,000/-

                          per month to the Respondent-wife and Rs.20,000/- per month to the

                          daughter and to pay school fees of daughter till final disposal of the

                          petition.

                          2.          It is contention of the learned counsel for the Petitioner that,

                          while passing the impugned order, the Learned Judge has not considered

                          the exact income of the Petitioner and on the basis of assumption, the

SHUBHADA                  Learned Judge has awarded maintenance amount, which is erroneous.
SHANKAR
KADAM
Digitally signed by
                          3.           The learned counsel further submitted that the Respondent is
SHUBHADA
SHANKAR KADAM
Date: 2026.09.16
18:47:08 +0530            engaged in running her family business and is also working as teacher in


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Tikam


    kindergarten classes, from which she is earning a substantial income

    sufficient to maintain herself. The Respondent-Wife is earning a good

    income and regularly filling her income tax returns. However, she has

    deliberately failed to disclose the said income in her Affidavit of Assets and

    Liabilities. Learned counsel further submitted that the petitioner is also

    paying an annual LIC premium of Rs. 53,000/- towards securing the future

    of the daughter. Hence, requested to allow the Petition.

    4.        It is contention of learned counsel of the Respondent that the

    Petitioner is a businessman and proprietor of Yogesh Trading Company

    and earns crores of rupees. The Respondent has no independent source of

    income and maintaining herself and her 9 years old daughter. The Learned

    Judge has passed well reasoned order. No interference is required in it and

    requested to dismiss the petition.

    5.         I have heard both the learned counsel. Perused impugned order

    and documents produced on record.

    6.     While passing the impugned order, the Learned Judge has observed

    that the Petitioner is a businessman. His income for the Assessment Year

    2023-2024 was Rs.9,93,980/-. On the basis of the income of the Petitioner,

    the Learned Judge has passed the impugned order. In my view, it appears

    from record that the Respondent has no source of income. She is

    maintaining herself and her 9 years' old daughter.      Hence, I do not find



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    any infirmity in the impugned order passed by Learned Judge and I pass

    following order:

                                     ORDER

              Writ petition is dismissed.



                                                  (SHIVKUMAR DIGE, J.)




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