Bombay High Court
POOJA SNEH SHAHversusMR. SNEH. SANJAY SHAH
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
Holding
The court quashed the impugned maintenance orders, modified the maintenance to Rs.1,50,000 per month payable from 11 May 2022, dismissed the husband’s petition with costs and allowed the wife’s petition.
Summary
The husband and wife filed reciprocal writ petitions challenging a maintenance order that increased the husband's liability to Rs.40,000 per month for the wife and Rs.20,000 for their son. The husband claimed his income was limited to a salary of Rs.1,14,950, modest investment returns and a small share of a partnership firm, arguing the increased amount was excessive. The wife countered that the husband’s true income was far higher, citing a partnership turnover of about Rs.8 crore, a lucrative leave‑and‑license arrangement yielding Rs.95,500 per month, and numerous LIC policies, and alleged the husband had approached the court with unclean hands. The court examined the financial documents, found the husband’s disclosures unreliable, and held that the earlier orders were not based on a true assessment of his means. Consequently, the court quashed the impugned orders, modified the maintenance to Rs.1,50,000 per month payable from the date of filing, ordered arrears to be paid within three months, dismissed the husband’s petition with costs, and allowed the wife’s petition.
Issues considered
- The adequacy of the maintenance amount awarded to the wife and child in view of the husband’s actual income.
- Whether the husband approached the court with clean hands and disclosed his true financial position.
- Whether the Additional Sessions Judge erred in not considering the husband’s extensive income and assets.
- Whether the earlier maintenance orders should be quashed and modified.
- Appropriate quantum of arrears and costs.
Subjects
- maintenance
- Section 125 CrPC
- domestic violence
- clean hands doctrine
- modification of order
- arrears
- family law
- financial disclosure
Judgment
922-WPST-26576-2025+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.26576 OF 2025
Sneh Sanjay Shah …Petitioner
Versus
Pooja Sneh Shah & Ors. …Respondents
Digitally
signed by
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
WITH
TALEKAR Date:
2026.03.20
13:21:23
+0530
WRIT PETITION NO.55 OF 2026
Pooja Sneh Shah …Petitioner
Versus
Sneh Sanjay Shah …Respondent
Ms. Suvarna Joshi with Mr. Ritik Gupta, for the Petitioner in
WPST/26576/2025 and for the Respondent in WP/55/2026.
Mr. Ashok Yadav, for the Petitioner in WP/55/2026 and for the
Respondent No.1 in WPST/26576/2025.
Ms. S. M. Yadav, APP, for the Respondent No.3-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th JANUARY 2026
P. C.:
1. Heard Ms. Joshi, learned Counsel appearing for the
Petitioner in Writ Petition (ST) No.26576 of 2025 and for the
Respondent in Writ Petition No.55 of 2026 (“Husband”) and Mr.
Yadav, learned Counsel for the Petitioner in Writ Petition No.55 of
2026 and for the Respondent No.1 in Writ Petition (ST) No. 26576
of 2025 (“Wife”).
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2. In both these Writ Petitions, the challenge is to the order
dated 26th November 2025 passed by the learned Additional
Sessions Judge, City Civil Court at Mazgaon, Mumbai in Criminal
Appeal No.199 of 2024. The challenge in the said Criminal Appeal
No.199 of 2024 filed by Pooja Sneh Shah i.e. Petitioner in Writ
Peittion No.55 of 2026 (Wife) is to the order dated 23 rd February
2024 passed by the learned Metropolitan Magistrate, 40 th Court,
Girgaon, Mumbai in C.C. No.21/DV/2022. By the said order dated
23rd February 2024 passed by the learned Metropolitan Magistrate
maintenance of Rs.15,000/- has been directed to be paid to the
wife and Rs.10,000/- for the son. By the impugned order dated
26th November 2025 passed by the learned Additional Sessions
Judge, City Civil and Sessions Court at Mazgaon, Greater Mumbai
in Criminal Appeal No.199 of 2024, the Petitioner in Criminal Writ
Petition (ST) No.26576 of 2025 (Husband) was directed to pay
Rs.40,000/- per month to the wife and Rs.20,000/- for son.
3. It is the submission of Ms. Joshi, learned Counsel appearing
for the husband that he is getting salary of Rs.1,14,950/- as also he
is getting annual income of Rs.1,50,000/- from stocks and
investments and approximate an amount of Rs.3,50,000/- is from
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the Partnership Firm- Sneh Star. She submits that thus, considering
his income, the maintenance granted by the impugned order, is
very excessive. She submits that wife is taking tuition and getting
income of Rs.50,000/- . However, she submits that the order which
has been passed by the learned Metropolitan Magistrate of
granting maintenance of Rs.15,000/- to the wife and Rs.10,000/-
to the son has been accepted by the husband and the husband has
paid the same. She therefore, submits that the impugned order be
quashed and set aside.
4. On the other hand, Mr. Yadav, learned Counsel appearing for
the wife has pointed out various documents and contended that
the husband has not approached the Court with clean hands. He
submitted that the turnover of said Sneh Star is about Rs.8 crores
and therefore, the case put up that the husband is getting annual
income of Rs.3,50,000/- out of said business is not believable. He
submitted that apart from the said business, the Applicant has
invested huge amounts in LIC Policies. He points out various pages
of the Writ Petition to which reference will be made while
considering the submissions of both the parties. He submitted that
Leave and License Agreement which has been executed by the
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father of the husband and husband dated 8th June 2021 records
Rs.1,91,000/- as per month compensation/ rent and Rs.95,500/-
per month is paid by the husband as his part of the compensation/
rent and therefore, it is very clear that the husband has huge
income and has not approached the Court with clean hands. He
points out the order dated 20 th February 2025 passed by the
learned Additional Sessions Judge and submits that inspite of
directions, the husband has not placed before the learned Sessions
Court, the Leave and License agreement. However, when this
matter was listed yesterday and it was pointed out that the
husband has not complied with the directions dated 20 th February
2025 passed by the learned Sessions Judge, Ms. Joshi, learned
Counsel appearing for the husband submitted that the husband
will comply with the said directions and will produce the said
Leave and License Agreement. Accordingly, copy of the said Leave
and License Agreement is produced before this Court. Said copy of
the said Leave and License Agreement is taken on record and
marked ‘X’ for identification.
5. Ms. Joshi, learned Counsel appearing for the husband relied
on Income Tax Returns of the wife filed for the assessment year
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2020-2021. However, Mr. Yadav, learned appearing for the wife
points out the complaint dated 25 th May 2023 filed with the Senior
Inspector of Police, Kandivali Police Station, Mumbai, Chief
Commissioner of Income Tax/Vigilance Department, Commissioner
of Police, Mumbai, EOW Office, Mumbai and other authorities and
submits that those income tax returns are not filed by the Wife.
6. Perusal of the record shows that the marriage between the
parties was solemnized on 2nd March 2010. The minor son was
born on 27th January 2014 and parties are staying separately since
2022. The present D.V. proceedings are filed on 11 th May 2022.
Admittedly, the minor son is staying with the wife and she is single
handedly looking after the son.
7. At the outset, it is required to consider the submissions of
Ms. Joshi, learned Counsel appearing for the husband that his
income is in the form of salary of Rs.1,14,950/- per month, income
from the Partnership Firm-Sneh Star is of Rs.3,50,000/- per annum
and Rs.1,50,000/- per annum from the investment.
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8. At the outset it is required to be noted that the husband has
produced a certificate dated 12th December 2022 issued by
Diamond India Limited mentioning that the husband is working
with Diamond India Limited as Sales Manager and his gross salary
is Rs.1,32,200/-.
9. Perusal of the record further shows that as far as the said
Sneh Star Partnership Firm is concerned, balance-sheet as on 31 st
March 2022 of Sneh Star on page 505 inter alia shows as follows:
“35a In the case of a trading concern, give quantitative details of principal items of goods
traded
S Item Name Unit Opening Purchases Sales Closing Shortage/excess,
No Stock during the during Stock if any
previous the
year previous
year
1 ROUGH CARAT 0 4245 4245 0 0
DIAMONDS
2 POLISH CARAT 385 222 457 150 0
DIAMONDS
3 COIN GMS 4950 0 0 4950 0”
10. Thus, it is clear that the said Partnership Firm is trading in
rough diamonds, polish diamonds and coins. Even as per the said
document, the sale is of 4245 of rough diamonds, 457 polish
diamonds. The details of turnover and gross profit etc. is set out in
clause No.40 on page 506 of balance - sheet, which is as under:
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“40 Details regarding turnover, gross profit, etc. for the previous year and preceding previous
Year
No Particulars Previous Year Preceding Previous Year
a Total turnover of 79918459 23120160
the assessee
b Gross 3319255 79918459 4.15 1952072 23120160 8.44
Profit/Turnover
c Net 735101 79918459 0.92 202217 23120160 0.87
Profit/Turnover
d Stok in 3946043 79918459 4.94 15408720 23120160 66.65
Trade/Turnover
e Material 0 0 0 0 0 0”
Consumed/Finishe
d Goods Produced
11. The total turnover is about Rs.7,99,18,459/- i.e. about Rs.8
crores. The gross profit shown is Rs.33,19,255/- and net profit is
Rs.7,35,101/-. It is the submission of Mr. Yadav, learned Counsel
appearing for the wife that the income and the net profit is much
more than what is set out in the balance - sheet. To substantiate
the said contention, he relies on the said Leave and License
Agreement dated 8th June 2021 executed by the husband and his
father in their capacity as Licensees. He submits that huge flat of
about 1705 sq.ft. along with two parking spaces have been taken
on Leave and License at Nepean Sea Road, which is a prime
residential area in Mumbai. As per the said Leave and License
Agreement, per month compensation is Rs.1,91,000/- and
husband’s share is 50% i.e. Rs.95,500/-. Thus, it is his contention
that even if the said amount of Rs.95,500/- per month is taken into
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consideration, the total expenditure per annum only on account of
payment of leave and license compensation for Husband is
Rs.11,46,000/-. Thus, there is substance in the contention of Mr.
Yadav, learned Counsel appearing for the wife that the husband
has not come with the clean hands. It has been fairly admitted by
Ms. Joshi, learned Counsel appearing for the husband that as far as
the loss and profit ratio between two Partners i.e. father-in-law and
husband is 50%-50%. Thus, it is clear that for arriving at income of
the husband the documents which are produced by the husband
cannot be relied upon. In fact, the learned Counsel of the wife has
pointed out pages 317 to 320 and page 331 to show that the
husband is also doing business of Broking Franchise. Although it is
the contention of Ms. Joshi, learned Counsel appearing for the
husband that the said business is of father of the husband,
however, page 331 shows that the husband is conducting the said
business. Ms. Joshi, learned Counsel appearing for the husband, on
instructions of the husband, submits that as the father is not
technosavvy, the husband is helping his father. In any case, as
noted herein above, the husband has not come with clean hands
and has not disclosed his true income. In fact, the wife has
produced details of few LIC Policies taken by the husband of which
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she got the information. The details of the same are set out on
page 468, which reads as under:
“6. LIST OF FEW LIC (LIFE INSURANCE CORPORATION OF
INDIA) POLICIES OF RESPONDENT NO.1:
Sr. No. Policy no. Amount/Sum Assured Status
in Rs
1. 991429039 5,00,000 Fully Paid
2. 991429040 5,00,000 Fully Paid
3. 991429041 5,00,000 Fully Paid
4. 991429042 5,00,000 Fully Paid
5. 991429043 5,00,000 Fully Paid
6. 991429044 5,00,000 Fully Paid
7. 862719555 5,00,000 Fully Paid
8. 862722348 5,00,000 Fully Paid
9. 905742168 5,00,000 In-Force
10. 905742171 5,00,000 In-Force
11. 905742170 4,00,000 In-Force
12. 905742167 3,00,000 In-Force
13. 905742169 3,00,000 In-Force
14. 904469337 2,50,000 In-Force
15. 904469338 2,50,000 In-Force
16. 991428765 30,00,000 Not known/
discontinued
17. 905742166 20,00,000 In-Force”
12. It is the submission of Ms. Joshi, learned Counsel appearing
for the husband that some of these Policies are purchased by father
for the benefit of husband. However, the husband is aged 42 years
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and there is nothing on record to indicate that father has
purchased these policies for the husband. There is nothing on
record to indicate that father has other income than the said
Partnership business and also the business of said Broking
Franchise of Sushil Finance. In any case, the Leave and License
Agreement referred herein above and other documents clearly
shows that the husband is having huge income and the husband
has not come with clean hands.
13. Although it is the contention of Ms. Joshi, learned Counsel
appearing for the husband that wife is earning Rs.50,000/- per
month by giving tuitions to the children, there is nothing on record
to indicate the same. Ms. Joshi, learned Counsel appearing for the
husband relied on the Income Tax Returns of the Wife to
substantiate her contention that the wife is having income.
However, it is very significant to note that the wife has already
filed complaint dated 25th May 2023 with the various authorities
including Chief Commissioner of Income Tax contending that the
Income Tax Returns are not filed by her and somebody else has
filed her Income Tax Returns fraudulently. Thus, this is a case
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where very serious allegations are made by the Wife. In any case,
no reliance can be placed on such Income – Tax returns.
14. Mr. Yadav, learned Counsel appearing for the wife has
tendered the list of expenses, which reads as under:
“EXPENSES AS PER THE STANDARD OF LIVING ACCUSTOMED AT THE
MATRIMONIAL HOUSE FOR APPLICANT AND CHILD (Incurred/estimated/required)
SR Particulars Rs Monthly Annual in RS One time In Remarks
NO Rs
1 Housing/Rent Per 2,00,000 Rs Required
Month 10,00,000/-
deposit
towards the
same
alternative
2BHK flat in
the vicinity of
Nepean Sea
Road in the
locality
similar to her
matrimonial
home.
2 Transportation (Auto 12,000 Required/
rickshaw/cab) Incurring
3 Entertainment 18,000 Required/
charges and Travel Incurring
Expenses, Dining
Charges, Game zone,
toys, game zones,
(Picnic, etc.)
4 Food, fruits, Groceries 25,000 Required/
and other eateries Incurring
5 Utility Bills 8,000 Required/
Electricity, internet, Incurring
cable mobile, gas
6 Clothing and Personal 20,000 Required/
Upkeep and footwear Incurring
7 Child Private tuition 15,000 Required
Charges
8 Stationery/Books & 5,000 Required/
periodical Incurring
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9 Birthday parties of 5,000 Required/
friends, gifts Incurring
10 Birthday celebration 25,000 Required
of the Minor Child
Nirmit
11 Medical 5,000 Required/
Incurring
12 Annual School Fees 2,05,000 Fees for
current year
is already by
the family
members and
it is required
annual basis
every year as
per School
requirement
13 Bus fees per semester 73,000 Rs 36,500
Rs.36,500 being 1st
semester fees
is already
paid by the
family
members,
and it is
required
annual basis
every year as
per School
requirement
14 Annual book/uniform 10,000 already paid
charges by the family
members,
and it is
required
annual basis
every year as
per School
requirement
15 Mobile Handset 1,00,000/- Required
(required)
16 Tablet for child study 50,000 Required
(required)
17 Health Insurance 25,000 Required
(required)
18 Club membership and 2,00,000 To complete
extra circular applicant
activities such as graducation
swimming, yoga,
abacus, Drawing,
Karate, Football
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classes, horse riding
etc.
19 Educational expenses 20,000 to complete
for to complete applicant
applicant studies final graduation
year (required)
20 Computer classes 50,000 to gain skill
required sets to
employable
21 Car one time 1,40,000 for
(required) Transporation
as per the
lifestyle
22 Driver annual salary, 3,00,000 Required
cook, Maid servant
23 Miscellaneous and 3,00,000 Required/
contigency and Incurring”
personal expenses
15. Perusal of the impugned order shows that the learned
Additional Sessions Judge has not taken into consideration the
various documents on record. The documentary evidence on
record clearly shows that the husband is getting huge income.
However, the same has been suppressed. The husband has
approached the Court with unclean hands. The wife has sought by
application dated 11th May 2022 an amount of Rs.4,00,000/- as
maintenance for herself and son.
16. In the facts and circumstances, although there is no
documentary evidence even assuming that wife is having income
of Rs.50,000/- as contended by the Husband, considering expenses
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of the wife and the son, they are entitled for maintenance of
Rs.1,50,000/- per month. The same is required to be paid from 11 th
May 2022 i.e. date of filing of the application.
17. For the above reasons, the impugned order dated 23 rd
February 2024 passed by the learned Metropolitan Magistrate, 40 th
Court, Girgaon, Mumbai in C.C. No.21/DV/2022 mainly clause
Nos.2 and 3 as also the impugned order dated 26 th November 2025
passed by the learned Additional Sessions Judge, City Civil and
Sessions Court at Mazgaon, Greater Mumbai in Criminal Appeal
No.199 of 2024 are quashed and set aside and modified as per this
order. The clause Nos.2 and 3 of the impugned order dated 23 rd
February 2024 passed by the learned Metropolitan Magistrate, 40 th
Court, Girgaon, Mumbai in C.C. No.21/DV/2022 stands modified
by directing that the husband shall pay an amount of Rs.1,50,000/-
which includes even school fees and school expenses of the child
w.e.f. date of filing of the application i.e. from 11th May 2022.
18. As far as the arrears are concerned, the same be paid within
a period of three months from today. While paying the arrears, the
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credit be given to the amount which has been already paid by the
husband towards maintenance and educational fees and expenses.
19. For the above reasons, the Criminal Writ Petition (ST)
No.26576 of 2025 filed by the Husband is dismissed with cost of
Rs.1,00,000/- to be paid by the husband to the wife within a
period of three months from today.
20. The Writ Petition No.55 of 2026 is allowed and disposed of
in above terms with no order as to costs.
21. Accordingly, both the Writ Petitions are disposed of in above
terms.
22. At this stage, Ms. Joshi, learned Counsel appearing for the
husband seeks stay of this order. However, as this Court has
already recorded that the husband has not come with clean hands
and in fact, has made out a false case, the said prayer is rejected.
[MADHAV J. JAMDAR, J.]
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