SANGHARSH BHIMRAO LANJEWARversusMINAL SANGHARSH LANJEWAR AND ANR

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 3227 OF 2026

                   Sangharsh Bhimrao Lanjewar                                ...Petitioner
                             Versus
                   Minal Sangharsh Lanjewar And Anr                          ...Respondents

                                                   ****
SNEHA              Mr. V.G. Bhamburkar i/b Ms. Surbhi Agrawal for the Petitioner.
NITIN              Mr. Himanshu Mendhe for Respondent No.1.
CHAVAN
Digitally signed
                   Ms. M.R. Tidke, APP for Respondent No.2/State.
by SNEHA NITIN
CHAVAN
Date: 2026.10.01
                                                   ****
19:48:11 +0530



                                                 CORAM :      M.M. SATHAYE, J.
                                                   DATE :     1st OCTOBER, 2026

                   P.C. :


                   1.             Heard learned Counsel for the parties. Perused the record.


                   2.             By this petition, the husband is challenging the order dated
                   18.05.2026 passed by the Judge, Family Court, Raigad, Alibag in
                   Petition E-No. 74/2023. By the said impugned order, the application
                   filed by the Respondent No.1 wife under Section 125 of the Code of
                   Criminal Procedure, 1973 (‘CrPC’ for short) is allowed thereby directing
                   the Petitioner husband to pay maintenance @ Rs.35,000/- per month to
                   Respondent No.1/wife from the date of filing such application
                   (25.08.2023).


                   3.             Learned Counsel for the Petitioner submitted that Respondent
                   No.1/wife is not entitled to receive any maintenance under Section 125
                   of CrPC as she herself has willfully deserted the Petitioner and during
                   pendency of the proceedings earlier when she was asked whether she is



                   Sneha Chavan                                                                 1
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willing to reside with the Petitioner husband, she had denied.                  He
further submitted that Respondent No.1/wife had earlier filed a petition
for restitution of conjugal rights, but withdrew it, and presently divorce
petition is filed by Respondent No.1/wife which is pending. He further
submitted that since the defence of Petitioner/husband was struck off,
he could not effectively defend the application and therefore,
opportunity needs to be granted in the interest of justice.


4.             On the other hand, learned Counsel for the Respondent
No.1/wife supported the impugned order contending inter alia that
reasons for striking off defence was nothing but non-payment of interim
maintenance and therefore the Petitioner has been consistent in default
in payment of arrears. He further submitted that the divorce petition is
filed on the ground of cruelty and the wife is not willfully staying away.
He further submitted that there are other reasons also however, they are
sub-judice.


5.             I have considered the rival submissions and perused the
record.


6.             It is not disputed that the defence of the Petitioner/husband
was struck off, which is duly recorded in paragraph 21 of the impugned
order. It is also not disputed that the defence was struck off for non
payment of interim maintenance. Therefore, looking at it from any
angle, as on today, when the order under challenge is for payment of
maintenance again, the challenge in the petition cannot be considered
unless the Petitioner is subjected to terms in respect of payment of
maintenance.




Sneha Chavan                                                                2
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7.             I have perused the impugned order and directions therein.
Considering the amount and the period involved, as on today
approximately an amount of Rs.12,95,000/- appears to be pending. This
amount is not final and is only approximate.


8.             Considering      the   rival   submissions,   since      the         divorce
proceedings are pending on merits, this Court is refraining from
commenting anything on merits, so as to avoid prejudice to other side.
Suffice it to observe that the since impugned order is passed when the
Petitioner could not examine himself nor produce any documentary
evidence as his defence was struck off, in keeping with principles of
natural justice, an opportunity deserves to be granted to the
Petitioner/husband, albeit on condition.


9.             Therefore, without expressing any opinion on the merits of the
claim of maintenance by Respondent No.1/wife and also without
expressing            any   opinion   about    the   defence      raised        by     the
Petitioner/husband, the petition is disposed of by passing following
order.
               (i)          Subject to Petitioner/husband depositing in the
               Family Court at Raigad, Alibag an amount of Rs.6,50,000/-
               within a period of 6 weeks from today, the impugned order
               dated 18.05.2026 shall be set aside and Petition E-No.
               74/2023, shall stand restored to the file.
               (ii)         If the amount is so deposited, learned Judge of the
               Family Court shall decide the Petition E-No. 74/2023 in
               accordance with law and after giving opportunity to the
               Petitioner husband to lead evidence and cross-examine the
               witnesses of the Respondent No.1.


Sneha Chavan                                                                    3
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               (iii)    If the amount is so deposited, subject to Respondent
               No.1 wife filing an undertaking in the Family Court, Alibag
               that amount withdrawn shall be brought back to the Court
               with interest, if so directed by the Court, Respondent No.1
               wife shall be at liberty to withdraw the said amount from the
               Court.
               (iv)     Withdrawn amount, if any, shall be subject to final
               outcome of the Petition E-No. 74/2023.
               (v)      It is clarified that if the amount is not deposited as
               stipulated above, then this order will not operate and the
               impugned order shall stand confirmed, without further
               reference to the Court.
               (vi)     Considering that the dispute is pending for long
               time, the learned Judge of Family Court is directed to decide
               the Petition E-No. 74/2023 expeditiously, preferably within a
               period of 9 months from receipt of this order. Parties are
               directed to co-operate with the concerned Family Court for
               early disposal.


10.            Writ petition is disposed of in the above terms. No order as to
costs. All concerned to act on duly authenticated or digitally signed QR
verifiable copy of this order.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                                 4