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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