Created by Fuzzy Cloud

Bombay High Court

SNEHAL CHANDRASHEKAR JANGDEversusCHANDRASHEKHAR ARVIND JANGDE

Decided
Disposal
Disposed Off

Holding

The appellate court quashed the Family Court’s order rejecting interim maintenance and remanded the matter for a fresh hearing on merits.

Summary

The petitioner, Snehal Chandrashekar Jangde, filed a writ petition challenging the Family Court's order dated 10 April 2025 that rejected her application for interim maintenance under Section 24 of the Hindu Marriage Act. The petitioner claimed a modest income of ₹4,000 per month and expenses of ₹80,500, while alleging the husband earned ₹2,90,000 per month. The Family Court dismissed the application on the basis that the petitioner had not produced satisfactory income documents and that no one was dependent on her. The High Court observed that the lower court decided on assumptions without a proper merits hearing and therefore quashed the order, remanding the case for a fresh hearing. The appellate court directed the Family Court to hear the interim maintenance application afresh, give both parties an opportunity to be heard, and decide it on its merits at the earliest.

Issues considered

  • The petitioner’s entitlement to interim maintenance under Section 24 of the Hindu Marriage Act.
  • Whether the Family Court erred in rejecting the application on the ground of insufficient income proof.
  • Whether the lower court’s reliance on assumptions violated principles of natural justice and the guidelines in Rajnesh v. Neha.
  • Whether the order should be set aside and the matter remanded for fresh hearing.

Legislation cited

Subjects

  • interim maintenance
  • Hindu Marriage Act
  • Section 24
  • family court
  • quash order
  • remand
  • income proof
  • affidavit
  • maintenance application

Judgment

                                                                          4-WP-16211-2025 (C).doc


    Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 16211 OF 2025

                      Snehal Chandrashekar Jangde                            ...Petitioner/s
                      Versus
                      Chandrashekhar Arvind Jangde                           ...Respondent/s

                      _________________________________________________________________

                      Mr. Mateen Shaikh along with Mr. Bharat Borkar, Mr. Hassan Siddiqui and
                      Ms. Muskan Shaikh, Advocate for Petitioner.
                      Ms. Arzoo Yasin Mujawar, Advocate for the Respondent (through VC).
                      _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   31st AUGUST, 2026.
                      P.C. :

                      1.         The challenge in this petition is to the impugned order dated

                      10th April 2025, passed below Exhibit-21 in Petition No.A-2119 of 2021 by

                      learned Judge, Family Court No.3, Pune, whereby the application filed by

                      the petitioner under Section 24 of the Hindu Marriage Act for interim

                      maintenance is rejected.

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

                      respondent-husband earns a salary of ₹2,90,000/- per month. The

SHUBHADA              petitioner had candidly mentioned in her maintenance application that she
SHANKAR
KADAM                 was working as a teacher and earning ₹4,000/- per month but had
Digitally signed by
SHUBHADA
SHANKAR KADAM         monthly expenses of ₹20,000/- for house rent, ₹1,500/- for electricity
Date: 2026.09.03
12:10:48 +0530
                      bills, ₹30,000/- for grocery, fruits, and vegetables, ₹15,000/- for medical

                                                      Page 1 of 4
                                                                    4-WP-16211-2025 (C).doc


Shubhada S Kadam




               and travel expenses, ₹4,000/- for maid, and ₹15,000/- for other essential

               needs, totalling to ₹80,500/- per month. The petitioner claimed

               maintenance on the said grounds. However, learned Judge rejected the

               maintenance application on the ground that the petitioner might be

               earning more than ₹4,000/- from her teaching profession and that no one

               is dependent on the petitioner, whereas the respondent is maintaining the

               daughter. Learned counsel submitted that the impugned order is

               erroneous, and requested to allow the petition.

               3.         It is contention of learned counsel for the respondent-husband

               that the petitioner is well qualified, she is engaged in teaching profession

               and earns a handsome amount therefrom. The petitioner has filed affidavit

               of assets and liabilities but without annexing relevant documents and has

               not provided correct details in her affidavit. Learned Judge has passed a

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

               dismiss the petition.

               4.         I have heard both learned counsel, perused the impugned order.

               It is the petitioner's claim that the respondent-husband earns ₹2,90,000/-

               per month, whereas it is the respondent-husband's claim that the petitioner

               wife is well qualified and earns a handsome amount from her teaching

               profession. While rejecting the maintenance application, learned Judge

                                               Page 2 of 4
                                                                     4-WP-16211-2025 (C).doc


Shubhada S Kadam




               observed that the petitioner has not produced any document regarding her

               income, as per the guidelines laid down by the Hon'ble Supreme Court in

               Rajnesh v. Neha and anr. (2021) 2 SCC 324.

               5.         It is not convincing that the petitioner is earning only ₹4,000/-

               per month from her teaching profession. The affidavit of the petitioner

               reflects that the respondent is earning ₹1,63,624/- per month. However, it

               cannot be ignored that the respondent is maintaining the daughter,

               whereas no one is dependent on the petitioner. Learned Judge has further

               observed that the petitioner neither signed the application at Exhibit-21

               nor disclosed her income correctly in her affidavit of assets and liabilities

               and, in such circumstances, she is not entitled to interim maintenance. On

               that ground, the learned Judge has       rejected the interim maintenance

               application.

               6.         In my view, the learned Judge, ought to have decided the

               application on merits. However, the learned Judge has passed the order on

               the basis of assumptions. I find this to be a fit case to remand the

               application filed by the petitioner for interim maintenance for fresh

               hearing, after giving an opportunity of hearing to both parties.




                                                Page 3 of 4
                                                                    4-WP-16211-2025 (C).doc


Shubhada S Kadam


               7.         In view of the above, I pass following order:

                                               ORDER

                    a)   The petition is partly allowed.

                    b)     The impugned order dated 10th April 2025, passed below

                         Exhibit-21 in Petition No.A-2119 of 2021 by learned Judge,

                         Family Court No.3, Pune, is quashed and set aside.

                    c)   The matter is remanded back to the        Family Court for fresh

                         hearing.

                    d)   The learned Family Judge shall hear the interim maintenance

                         application under Section 24 of the Hindu Marriage Act of the

                         petitioner afresh by giving an opportunity of hearing to both

                         parties, and shall decide the same on its own merits.

                    e)   The learned Judge shall decide the application as early as

                         possible.

                         The petition stands disposed of in above terms.



                                                             (SHIVKUMAR DIGE, J.)




                                               Page 4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.