Bombay High Court
AJIT VINAYAK DESAIversusPRANITA AJIT DESAI
- Decided
- Disposal
- Disposed Off
Holding
The Court held that maintenance is payable from 26 February 2022.
Summary
The petitioner sought to limit his liability under a maintenance order for his daughter to the period after the parties' separation on 26 February 2022, rather than from the date the maintenance application was filed on 17 September 2020. The respondent and the daughter had remained in the petitioner's residence until the separation date despite the earlier filing. The petitioner argued that he should not be required to pay maintenance for the period prior to separation. The Court examined the factual admissions and concluded that the entitlement to maintenance arose only after the separation. Accordingly, the petition was partly allowed, directing the petitioner to pay any unpaid maintenance from 26 February 2022 and permitting adjustment of any excess amount already paid. All pending applications were disposed of.
Issues considered
- From which date is the maintenance payable to the daughter – the filing date of the application (17 September 2020) or the date of separation (26 February 2022)?
Subjects
- maintenance
- family law
- separation
- COVID-19
- writ petition
- High Court
Judgment
1-WP-10371-2022 (C).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10371 OF 2022
Ajit Vinayak Desai ...Petitioner
VERSUS
Pranita Ajit Desai ...Respondent
Digitally signed
____________________________________________________________
by NILAM
NILAM SANTOSH
SANTOSH KAMBLE
Mr.Amol B. Jagtap, for the Petitioner.
KAMBLE Date:
2026.08.25
13:21:34 +0530
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th AUGUST 2026
P.C. :
. The short issue involved in this Petition is payment of
maintenance order granted to the daughter.
2. It is contention of the learned counsel for the Petitioner that the
Maintenance Application was filed on 17 th September 2020. Thereafter,
due to Covid-2019, daughter and Respondent stayed with the Petitioner till
26th February 2022 and separation order was passed on the same day. The
learned Family Judge has passed maintenance order of Rs.25,000/- towards
the daughter. The Petitioner is willing to pay maintenance from 26 th
February 2022 to the present date, not from 17th September 2020 and
requested to allow the Petition.
3. Though Respondent is served, none present for the Respondent.
Hence, I am deciding this Petition on merit.
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1-WP-10371-2022 (C).doc
N.S.Kamble
4. As admitted, Respondent and daughter were staying with the
Petitioner till 26th February 2022, though maintenance Application was
filed on 17th September 2020.
5. Considering this fact, the Respondent and daughter are entitled
for maintenance from 26th February 2022, instead of 17th September 2020
and I pass following order.
ORDER
(i) The Petition is partly allowed.
(ii) The Petitioner shall pay maintenance, if not paid,
from 26th February 2022.
(iii) Liberty to adjust extra maintenance amount, if paid.
(iv) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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