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Bombay High Court

DEVIDAS SHANKAR MOREversusMANGAL DEVIDAS MORE

Decided
Disposal
Disposed Off

Holding

The appellate court dismissed the petition, holding that the maintenance amount of Rs.10,000 per month was not excessive given the petitioner's pension.

Summary

The petitioner filed a writ petition challenging a Family Court order that granted the respondent Rs.10,000 per month as maintenance. The petitioner, a retired assistant section officer drawing a pension of Rs.23,750, contended that the amount was excessive and left him with insufficient funds for his own expenses. The respondent argued that she had no source of income and the awarded amount was inadequate for her livelihood. The High Court examined the pension details and the facts of the case, concluding that the maintenance amount was not excessive in the circumstances. Consequently, the court dismissed the petition and ordered the petitioner to deposit the arrears of maintenance within two weeks.

Issues considered

  • Whether the Family Court erred in fixing maintenance at Rs.10,000 per month despite the petitioner's pension of Rs.23,750
  • Whether the petition seeking dismissal of the maintenance order should be allowed

Subjects

  • maintenance
  • family court
  • pension
  • arrears
  • civil appellate jurisdiction
  • writ petition
  • dismissal

Judgment

                                                  902-WP-47-2026 (C) VD (2) c.doc

Rohit Ghuge

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 47 OF 2026

                       Devidas Shankar More
                             VERSUS
                       Mangal Devidas More
_________________________________________________________________
Ms. Prashita Mamodia i/b R. V. Sankpal & Associates, Advocate for
Petitioner.
Ms. Sneha G. Sanap, Appointed Advocate for Respondent through Legal
Aid.
_________________________________________________________________

                                        CORAM       :   SHIVKUMAR DIGE, J.
                                        DATE        :   02nd JULY, 2026.
P.C. :

1.            Heard learned counsel for the Petitioner and learned counsel for

Respondent.

2.            The challenge in this petition is to the impugned order dated

29.08.2025 passed below Exhibit 12 by the learned Judge, 6 th Family

Court, Mumbai granting maintenance amount of Rs.10,000/- to the

Respondent.

3.            It is the contention of learned counsel for the Petitioner that the

Petitioner is retired from service and is drawing a pension of Rs.23,000/-

per month. He needs the said amount for his own expenses, but this fact

has not been considered by the learned Family Court, which has granted

maintenance of Rs.10,000/- per month to the Respondent, which is on the

higher side, and requested to allow the Petition.

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                                                     902-WP-47-2026 (C) VD (2) c.doc

Rohit Ghuge

4.            It is contention of learned counsel for the Respondent that the

Respondent has no source of income and amount of Rs.10,000/- is an

inadequate amount for the Respondent to maintain herself. The Petitioner

has received a handsome amount upon his retirement. He has not

deposited the arrears of the maintenance amount till date and requested to

dismiss the Petition.

5.            I have heard both learned counsel. Perused impugned order.

6.            The petitioner was working as an Assistant Section Officer and

retired on 31st May 2025. He is drawing a pension of Rs. 23,750/-per

month. The Petitioner has received a handsome amount after his

retirement. Considering the facts and circumstances of the case,

Rs. 10,000/-maintenance amount awarded by the learned Family Court is

not on the higher side. Considering these facts, I pass following order.

                                        ORDER

      i)      The Petition is dismissed.

      ii)     The Petitioner shall deposit the arrears of maintenance amount

              before the Family court within two weeks from the date of

              passing of this order.



                                                          (SHIVKUMAR DIGE, J.)




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