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Bombay High Court

RITESH CHANDRAKANT GUJARversusKETAKI RITESH GUJAR

Decided
Disposal
Dismissed

Holding

The High Court held that it could not interfere with the Family Court order and dismissed the writ petition, granting liberty to file a fresh application after payment of arrears.

Summary

The petitioner, Ritesh Chandrakant Gujar, filed a writ petition under Article 227 of the Constitution challenging the dismissal of his earlier petition for non‑compliance with a Family Court maintenance order dated 25 July 2024, which directed Rs.10,000 to the respondent‑wife and Rs.5,000 to their minor son. The Family Court had also ordered payment of arrears amounting to Rs.10,50,000. The High Court examined whether it could interfere with the Family Court's order and whether the petitioner’s failure to pay the interim maintenance justified dismissal of the writ petition. The Court held that there was no ground for interference under its supervisory jurisdiction and therefore dismissed the writ petition. However, the Court granted the petitioner liberty to file a fresh application in the Family Court after the arrears of interim maintenance are paid, keeping all other contentions open. Consequently, the writ petition was dismissed subject to the liberty granted.

Issues considered

  • Whether the High Court can interfere with a Family Court maintenance order under Article 227 of the Constitution of India.
  • Whether the petitioner’s non‑payment of interim maintenance arrears justifies dismissal of the writ petition.

Subjects

  • maintenance
  • Family Court
  • Article 227
  • writ petition
  • arrears
  • non‑compliance

Judgment

                                                                                 913-WP-379-2026.doc


                                                                                       Arjun

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO.379 OF 2026
         Digitally
                      Ritesh Chandrakant Gujar                                 …Petitioner
         signed by
         ARJUN              Versus
ARJUN    VITTHAL
VITTHAL  KUDHEKAR     Ketaki Ritesh Gujar                                      …Respondent
KUDHEKAR Date:
         2026.02.20
         22:05:14
         +0530
                      _______________________________________________________________
                      Mr. Sachin Hande, for the Petitioner.
                      _______________________________________________________________
                                                       CORAM: MADHAV J. JAMDAR, J.
                                                       DATED: 20 FEBRUARY 2026

                      P.C.:
                      1.       Heard Mr. Hande, learned Counsel appearing for the Petitioner.

                      2.       By the present Writ Petition filed under Article 227 of the

                      Constitution of India, the challenge is to the Order by which the Petition

                      filed by the Petitioner has been dismissed on the ground of non-

                      compliance of the Order dated 25th July 2024 passed by the learned

                      Judge, Family Court No.2, Pune, below Exhibit-14 in Petition No. A-

                      1367 of 2019 by which an amount of Rs.10,000/- has been directed to

                      be paid as maintenance to the Respondent-wife and Rs.5,000/- to the

                      minor son.

                      3.       It is an admitted position that, the arrears are to the tune of

                      Rs.10,50,000/-.

                      4.       Thus, no interference in the impugned Order is warranted under

                      the jurisdiction of this Court under Article 227 of the Constitution of

                      India.



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                                                           913-WP-379-2026.doc


5.    However, liberty is granted to the Petitioner to file a suitable

application in the Family Court, after the arrears of interim maintenance

has been paid to the Respondent-wife. All contentions in that behalf are

expressly kept open.

6.    Accordingly, the Writ Petition is dismissed, subject to above.



                                            [MADHAV J. JAMDAR, J.]




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