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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.


                                                                   Page 1 of 2
                                                              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.)




                                   Page 2 of 2


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