Bombay High Court
VIJAY LAXMAN ALAMversusSWAPNA VIJAY ALAM ALIAS SWAPNA MANIK MOKASHI
- Decided
- Disposal
- Disposed Off
Holding
The court reduced the maintenance to Rs.8,000 per month each for the wife and two daughters, totaling Rs.24,000 per month.
Summary
The petitioner, a senior executive earning Rs.46,561 per month, challenged a Civil Judge's order directing him to pay Rs.30,000 monthly as maintenance to his wife and two daughters. He argued that the amount was excessive given his income and his responsibility to support his aged parents. The court examined the affidavits showing the wife had no independent income and the petitioner’s salary, and noted the original order allocated Rs.10,000 each to the wife and daughters. Considering the petitioner’s financial obligations, the court held that the Rs.30,000 figure was too high and reduced the maintenance to Rs.8,000 each, totaling Rs.24,000 per month. The petition was partly allowed and the revised maintenance order was issued.
Issues considered
- Whether the maintenance amount of Rs.30,000 per month awarded to the wife and two daughters is appropriate in view of the petitioner's income and other financial responsibilities
Subjects
- maintenance
- family law
- marriage petition
- Section 125 CrPC
- financial obligations
- writ petition
Judgment
63-WP-19126-2024 (C).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 19126 OF 2024
Vijay Laxman Alam ...Petitioner
Versus
Swapna Vijay Alam Alias Swapna Manik Mokashi ...Respondent
Digitally signed
NILAM by NILAM
SANTOSH
____________________________________________________________
SANTOSH KAMBLE
KAMBLE Date: 2026.09.22
10:41:46 +0530
Mr.Sidheshwar N. Biradar a/w Mr.Omhari B. Fawade, for the Petitioner.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 16th SEPTEMBER, 2026
P.C. :
. The challenge in this Petition is to the order of maintenance
granted by the Civil Judge Senior Division, Vadgaon, Maval in Marriage
Petition No.121 of 2023 at Exhibit-5 dated 10 th October 2024, whereby the
learned Judge has directed the Petitioner to pay monthly maintenance of
Rs.30,000/- to the Respondent-wife and two daughters.
2. It is contention of learned counsel for the Petitioner that the
Petitioner is working as Senior Executive at Bajaj Allianz and he gets salary
of Rs.46,561/- per month and this fact has been admitted by the
Respondent in spite of that the learned Judge has awarded maintenance of
Rs.10,000/- to the Respondent-wife and Rs.10,000/- per month each for the
two daughters, thereby directing the Petitioner to pay total amount of
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63-WP-19126-2024 (C).doc
N.S.Kamble
Rs.30,000/- per month. It is further submitted that the Petitioner has the
responsibility of maintaining his aged parents and considering his monthly
income of Rs.46,561/- it is difficult for him to pay maintenance of
Rs.30,000/- and therefore, requested to allow the Petition.
3. Though Respondent is served. None present for the
Respondent. Hence, I am deciding this matter on merit.
4. As per the affidavit filed by the Petitioner and Respondent the
Petitioners affidavit shows that he earns Rs.46561/- as monthly income and
Respondent-wife has no independent source of income and survives on the
income of her father and brother. She is also maintaining her two daughters.
Considering the evidence on record, the learned Judge has directed the
Petitioner to pay maintenance of Rs.10,000/- per month each to
Respondent-Wife and two daughters. Thereby making the total
maintenance payable of Rs.30,000/- per month.
5. I have heard learned counsel for the Petitioner. Perused
impugned order.
6. As per record Petitioner’s monthly salary is of Rs.46,561/-. He
has responsibility to maintain his parents. Considering these circumstances
the amount of Rs.30,000/- per month awarded by the learned Judge is on
the higher side. Hence, I deem it appropriate to reduce the maintenance
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63-WP-19126-2024 (C).doc
N.S.Kamble
amount to Rs.8,000/- per month each for the Respondent-wife and for two
daughters, which comes to total of Rs.24,000/- per month.
7. In view of above, I pass following order.
ORDER
(i) The Petition is partly allowed.
(ii) The Petitioner shall pay Rs.8,000/- each to
Respondent-wife and two daughters from the date of filing of
maintenance application.
(iii) All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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