Bombay High Court
SANJANA ANIL KADAMversusANIL DEV KADAM
- Decided
- Disposal
- Disposed Off
Holding
The court held that Rs.25,000 per month is the appropriate maintenance amount for the daughter, superseding the earlier interim order.
Summary
The petitioner, Vaishali Anil Kadam, filed a writ petition challenging a Family Court order that granted Rs.12,000 per month as interim maintenance for her daughter Shravani. The petitioner argued that the amount was insufficient given her own monthly income of Rs.66,000 and the respondent's salary of Rs.129,900, and that the daughter's educational expenses in an English medium school were higher. The court examined the affidavits of assets and liabilities of both parties and found the interim amount inadequate. It held that a maintenance amount of Rs.25,000 per month was appropriate to meet the daughter's educational and other expenses. Accordingly, the writ petition was partly allowed, the respondent was ordered to pay Rs.25,000 monthly from the date of filing, any arrears to be cleared, and the petition was disposed.
Issues considered
- What is the appropriate quantum of maintenance for a minor child given the incomes of both parents?
- Whether the Family Court's interim maintenance order of Rs.12,000 per month is sufficient under the applicable law.
Subjects
- maintenance
- child support
- Family Court
- interim order
- quantum of maintenance
- Section 125 CrPC
Judgment
4-WP-12323-2025 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12323 OF 2025
VAISHALI Sanjana Anil Kadam ...Petitioner/s
ANIL VERSUS
TIKAM Anil Dev Kadam ...Respondent/s
Digitally signed _________________________________________________________________
by VAISHALI
ANIL TIKAM
Date: Mr. Amol B. Jagtap, for the Petitioner (thr. VC)
2026.09.23
11:56:29 +0530 _________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 22nd SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the Petitioner.
2. The challenge in this petition is an order passed by the Family
Court, Pune, granting maintenance of Rs.12,000/- to the daughter
Shravani of the Petitioner.
3. It is contention of learned counsel for the Petitioner that
Petitioner stays with daughter. The Respondent’s salary is Rs.1,29,900/-
per month. The Petitioner requires educational expenses and other
expenses for daughter. But this fact has not been considered by the
Learned Family Court and awarded Rs.12,000/- per month as interim
maintenance for educational expenses and for survival, which is on the
lower side and requested to enhance the maintenance amount.
4. Though the Respondent is served, none present for the
Respondent. Hence, I am deciding this matter on merit.
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4-WP-12323-2025 (C).doc
Tikam
5. I have heard learned counsel for the Petitioner. Perused the
impugned order and documents produced on record. As per the affidavit
of assets and liabilities of the Petitioner, her monthly income shows
Rs.66,000/- per month. Whereas, Respondent’s salary is Rs.1,29,900/-.
Both are earning members. The daughter of the Petitioner and
Respondent is studying in the English Medium School. Maintenance
amount of Rs.12,000/- for educational expenses and other expenses is on
lower side. Considering the income of the Respondent and considering
the income of the Petitioner, the maintenance amount Rs.25,000/- is
appropriate for daughter for educational expenses and other expenses. In
view of above, I pass following order:
ORDER
(i) Writ Petition is partly allowed.
(ii) The Respondent shall pay Rs.25,000/- per month as
maintenance amount for educational expenses and other expenses to the
daughter Shravani from the date of filing of the maintenance application.
(iii) The arrears, if any, be cleared.
(iv) Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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