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Bombay High Court

RUPALI CHETAN MASURKARversusCHETAN GAJANANRAO MASURKAR

Decided
Disposal
Disposed Off

Holding

The High Court held that the Family Court erred in presuming the petitioner deliberately left her job and must rehear the maintenance application on its merits.

Summary

The petitioner, Rupali Chetan Masurkar, filed a writ petition challenging the Family Court, Pune's order rejecting her maintenance application on the basis that she allegedly left her job to claim maintenance. The petitioner argued that she was unemployed at the time of filing and that the court erred in presuming deliberate abandonment of employment, also highlighting the respondent's higher income. The respondent contended that the petitioner had a steady income from various employments and that the Family Court's decision was well‑reasoned. The High Court observed that the Family Court had relied on an unfounded assumption without proper documentary evidence and therefore erred in its judgment. Consequently, the High Court allowed the petition, quashed the impugned order, and remanded the matter to the Family Court for a fresh hearing with directions to consider the application on its merits and to file requisite documents.

Issues considered

  • Whether the Family Court erred in presuming that the petitioner deliberately left her employment to claim maintenance
  • Whether the petitioner’s lack of income at the time of filing warrants a fresh consideration of the maintenance claim
  • Whether the Family Court complied with procedural requirements of documentary evidence in maintenance applications

Subjects

  • maintenance
  • family court
  • presumption
  • employment
  • quash order
  • remand
  • fresh hearing
  • matrimonial dispute

Judgment

                                                                                               5-WP-12054-2025 (C).doc


                              N.S.Kamble


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 12054 OF 2025

                              Rupali Chetan Masurkar                      ...Petitioner
                              Versus
                              Chetan Gajananrao Masurkar                  ...Respondent
                              ____________________________________________________________
           Digitally signed
           by NILAM
                              Mr.Shivraj Kunchge, for the Petitioner.
NILAM   SANTOSH
SANTOSH KAMBLE                Mr.Mehul Rathod i/b M/s.KVT Legal, for the Respondent.
KAMBLE Date:
        2026.09.17            ____________________________________________________________
           10:14:56 +0530


                                                                  CORAM : SHIVKUMAR DIGE, J.
                                                                  DATE            : 10th SEPTEMBER 2026

                              P.C. :

                              .              The challenge in this Petition is to the impugned order passed by

                              learned Family Court, Pune, whereby maintenance Application of the

                              Petitioner is rejected.

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

                              learned Family Court has rejected the maintenance Application of the

                              Petitioner on the ground that the Petitioner has having higher educational

                              qualification. It is submitted that the observations of learned Judge that

                              Petitioner was earlier employed and in order to claim maintenance from

                              Respondent-Husband, she left her job and thereafter, sought maintenance, it

                              is erroneous.

                              3.             The learned counsel further submitted that the Respondent-

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N.S.Kamble


Husband working at Tata Motors Company as Deputy General Manger and

get the salary of Rs.2,50,000/- per month, whereas the Petitioner-wife has

no source of income. However, this fact has not been considered by the

learned Judge and passed impugned order, which is erroneous and requested

to allow the Petition.

4.           The learned counsel for the Respondent-Husband submitted that

the Petitioner wife holds a degree in B. Pharma and was working in a

company and getting salary of Rs.12,141/- per month. Thereafter, she

switched the company and getting salary of Rs.16,500/- per month and

subsequently, her service certificate shows that her gross salary was

Rs.36,180/-. The learned counsel further submitted that the Petitioner-Wife

has a sufficient source of income. The learned Family Judge has passed a

well reasoned order and no interference is required in it and requested to

dismiss the Petition.

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

6.           While rejecting the maintenance Application of the Petitioner,

the learned Judge has observed that the Petitioner-wife had left the job in

order to claim maintenance. Moreover, she had not produced documents on

record before Family Court as required by law, on that ground, the learned

Family Judge has rejected the maintenance Application. In my view, the


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N.S.Kamble


learned Judge ought to have considered the fact that, at the time of filing of

the maintenance application, the Petitioner-wife was jobless. The learned

Judge presumed that Petitioner-wife had deliberately left her job in order to

claim maintenance, it is erroneous.       The learned Judge ought to have

decided the Application on its own merit instead of proceeding on the basis

of an assumptions. In such circumstances, I find this is a fit case to remand

the matter for fresh hearing and I pass following order.

                                   ORDER

             (i)       The Petition is allowed.
             (ii)      The impugned order dated 20th January 2025, passed
             by the Family Court, Pune below Exhibit-13 in Marriage
             Petition No.1758 of 2021 is quashed and set aside.
             (iii)     The matter is remanded back to Family Court, Pune
             for fresh hearing by giving an opportunity to both the parties.
             (iv)      The learned Judge shall       decide the maintenance
             Application as early as possible, preferably within six months,
             from the receipt of this order.
             (v)       Both the parties shall file documents as required by
             law.
             (vi)      The Criminal Application is disposed of.



                                                 (SHIVKUMAR DIGE, J.)




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