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Bombay High Court

RAMESH KUMAR TAVVAversusDEEPTI RAMESH KUMAR ALIAS DEEPTI ATRI

Decided
Disposal
Disposed Off

Holding

The appellate court modified the maintenance order, directing the petitioner to pay Rs.20,000 per month for the daughter and half of her educational expenses.

Summary

The petitioner, a retired Indian Army officer receiving a pension of Rs.80,000 per month, challenged a Family Court order directing him to pay Rs.35,000 monthly maintenance to his wife and 50% of their daughter's educational expenses. The petitioner argued that his wife's salary of Rs.1,68,000 per month and his limited pension should be considered, rendering the order excessive. The respondent contended that the petitioner had voluntarily retired, earned substantial business and rental income, and had not produced income documents, justifying the original maintenance amount. The appellate court noted that the wife has an independent income exceeding the petitioner's pension and that both parents should share child expenses. Consequently, the court reduced the maintenance to Rs.20,000 per month for the daughter and ordered the petitioner to pay half of the educational expenses, while directing the wife to provide access to the child. The writ petition was disposed of.

Issues considered

  • Whether the Family Court's maintenance order of Rs.35,000 per month is appropriate given the respondent's higher income and the petitioner's pension.
  • Whether the petitioner's alleged business and rental income should be taken into account in determining maintenance.
  • Whether the respondent is entitled to half of the daughter's educational and incidental expenses.

Subjects

  • maintenance
  • pension
  • child support
  • family law
  • writ petition
  • civil appellate jurisdiction

Judgment

                                                                              901-WP-16257-2025 (c).doc

                      S.S.Kilaje


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 16257 OF 2025

                            Ramesh Kumar Tavva                                    … Petitioner
                            VERSUS
                            Deepti Ramesh Kumar @ Deepti Atri                     … Respondent

                            _________________________________________________________________

SONALI
         Digitally
         signed by
         SONALI
         SATISH
                            Mr. Milind A. Ingole a/w. Mr. Rahul Prasad, Ms. Aishwarya Gaikwad,
SATISH   KILAJE

KILAJE   Date:
         2026.09.11
         18:16:51
         +0530
                            Ms.Ashwini Datar and Sarath Manari, Advocate for Applicant.

                            Ms. Shilpa Joshi a/w. Ms. Samidha Ambekar, Ms. Bhagyashree Sawant and
                            Ms. Sambhavi Bhosle, Advocate for Respondent.
                            _________________________________________________________________

                                                               CORAM      :   SHIVKUMAR DIGE, J.
                                                               DATE       : 8th SEPTEMBER, 2026.
                            P.C. :

                            1.          The challenge in this Writ Petition is to the impugned order

                            passed by the learned Family Court, Bandra, Mumbai, below Exhibit-6,

                            whereby the petitioner has directed to pay maintenance of Rs.35,000/- per

                            month to wife and 50% of the educational and incidental expenses to the

                            daughter.

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

                            petitioner has superannuated from the Indian Army w.e.f. 16.02.2022 and

                            is presently receiving the pension of Rs.80,000/- per month.          The

                            respondent/wife is employed as a Deputy Manager at General Insurance

                            Corporation of India, having salary around Rs.1,68,000/- which is more


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                                                          901-WP-16257-2025 (c).doc

S.S.Kilaje


      than the petitioner’s monthly income.      The daughter residing with the

      respondent/wife. The petitioner has other financial liability. But these

      facts are not considered by the learned Judge, while passing impugned

      order directing the petitioner to pay Rs.35,000/- per month maintenance

      to wife and 50% of educational and incidental expenses to the daughter,

      which is erroneous.     Learned counsel submits that the income of the

      respondent/wife ought to have been taken into consideration, therefore,

      the impugned order deserves to be set aside and requested to allow the

      writ petition.

      3.         It is contention of learned counsel for the respondent /wife that

      petitioner has taken voluntary retirement and he has not superannuated.

      The petitioner carrying business and from the said business, he earns

      crores of rupees. Though the respondent/wife is employed and receives a

      salary but after deductions she receives Rs.48,480/- in hand. She requires

      this amount for educational expenses of her daughter. It is submitted that,

      in such circumstances it is difficult for her to maintain herself and daughter

      in the maintenance amount i.e. Rs.35,000/-.        Learned counsel further

      submitted that petitioner has not produced documents in respect of his

      income. He also receives rental income. The learned Judge has passed

      well reasoned order and therefore, no interference is required in it and

      requested to dismiss the petition.



                                       Page 2 of 3
                                                                901-WP-16257-2025 (c).doc

S.S.Kilaje


      4.                I have heard both the learned counsel.       Perused impugned

      order.     Admittedly, petitioner is not in service and he survives on his

      pension.         Whereas the respondent is in service and earns salary of

      Rs.1,68,000/- per month which is more than the petitioner. When the

      respondent has independent source of income then it is responsibility of

      both the parents to bear the expenses of child.            Considering this fact, I

      pass following order:

                                                  ORDER

                 i.       The petitioner/husband shall pay Rs. 20,000/- per month as

                          maintenance to the daughter from the date of filing of

                          maintenance application and shall pay half of the

                          educational expenses of the daughter.

                 ii.       The respondent/wife shall provide access of the daughter to

                          the petitioner as per the order of the learned Family Court.

      5.               Writ Petition is disposed of.   All pending applications disposed

      off.



                                                           (SHIVKUMAR DIGE, J.)




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