SWAPNIL DILIP BAWAversusROHINI SWAPNIL BAWA

2026:BHC-AUG:9121

                                                (1)                       28 WP 2436 OF 2025


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              28 WRIT PETITION NO. 2436 OF 2025

                                      SWAPNIL DILIP BAWA
                                              VERSUS
                                     ROHINI SWAPNIL BAWA
                                                 ...
           Mr. Vaibhav B. Dhage, Advocate for the Petitioner
           Mr. Vinod B. Jadhav, Advocate for Respondent
                                                …

                                            CORAM     : AJIT B. KADETHANKAR, J.
                                            DATE      : 04.03.2026

           PER COURT :-

           .           The marital controversy in this matter is between two highly

           educated professionals working in the medical field. The marital discord

           occurred between the parties within a very short time after the marriage was

           solemnized in the year 2019. The petitioner as also the respondent are doctors

           by profession.

           2.          The petitioner has filed proceedings under Section 9 of the Hindu

           Marriage Act, 1955 against the respondent, while the respondent - wife has

           lodged proceedings under Section 125 of the Criminal Procedure Code. The

           learned Judge of the Family Court, Latur directed the present petitioner to pay

           the monthly maintenance of Rs.15,000/- to the respondent as an interim

           arrangement during the pendency of the main petition. As against the interim

           order, the petitioner - husband is before this Court. This Court, vide order
                                     (2)                       28 WP 2436 OF 2025


dated 04.03.2025 has stayed the further proceedings of the trial pending

before the learned Judge of the Family Court. However, the execution and

operation of the impugned order is not stayed.

3.          Mr. Vaibhav B. Dhage, learned counsel for the petitioner would

submit that the respondent has suppressed the very material facts from the

Trial Court and as such she is not at all entitled for any maintenance from the

petitioner. He would advance an argument that the learned Trial Court be

directed to conclude the trial in a time framed manner and the parties be

permitted to agitate their respective cases on merits. However, the learned

counsel for the petitioner would submit that the impugned order directing

interim maintenance may not be given any effect during the pendency of the

trial.

4.          Learned counsel for the respondent - wife would however

vehemently oppose the argument. He would fairly agree for early disposal of

the main proceedings but he would again rely on the order dated 04.03.2025

passed by this Court thereby the effect and operation of the impugned order

directing interim maintenance is not stayed. He would therefore submit that

the learned Trial Court has rightly passed the impugned order considering the

facts placed before it. He would submit that the learned Trial Court was

convinced on the prima facie case put up by the respondent seeking interim

maintenance. Learned counsel for the respondent would say that the
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petitioner’s objection regarding alleged suppression of facts by the respondent

– wife must be proved during the main trial. That, for any reason, the

impugned order has to be obeyed by the petitioner. Learned counsel for the

respondent - wife would submit that since passing of the impugned order, the

petitioner - husband has not at all paid a single rupee towards the interim

maintenance as has been directed by the learned Trial Court. He would submit

that even after agitation by the petitioner, this Court also has not stayed the

impugned order. As such he would submit that the petitioner be directed to

clear all arrears, which amount to approximately Rs.5,00,000/- and be

directed to regularly pay maintenance till disposal of the trial.

5.             Considering the controversy raised by the parties and the

arguments advanced by the learned counsel for the petitioner, I deem it

appropriate to pass the following order :

                                    ORDER

      a.       The learned Judge of the Family Court, Latur is requested

      to proceed with the proceedings in H. M. P. E.No.67/2023 and

      conclude the trial within a period of twelve (12) months from

      today.

      b.       The parties have already submitted their statements of

      assets and liabilities and they shall not seek any adjournment

      during the trial process and shall participate in the trial
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      efficiently.

      c.      The petitioner shall deposit 50% of the arrears of interim

      maintenance with the Trial Court within a period of two (2)

      weeks from today and shall regularly pay the interim

      maintenance amount to the petitioner from the month of March

      2026.

      d.      The deposited amount towards arrears shall be kept in a

      nationalized bank and its disbursement shall be subject to final

      decision of proceedings under Section 125 of Cr.P.C. pending

      before the learned Trial court.

      e.      The respondent shall be entitled to the monthly interest

      accrued on the deposited amount towards arrears.

      f.      The petitioner undertakes to pay monthly maintenance of

      Rs.15,000/- regularly, without any default, on or before the 10 th

      day of each month in advance. The first payment shall be made

      on or before 10th March 2026.

      g.      All the contentions of the parties are kept open.

      h.      The writ petition is disposed of.



                                                    [AJIT B. KADETHANKAR, J.]
PRW