Bombay High Court
NITIN SANTKUMAR BAJAJversusMAMTA NITIN BAJAJ NEE MAMTA DWARKAPRASAD DHANUKA
- Decided
- Disposal
- Disposed Off
Holding
The Family Court's maintenance order is quashed and the matter is remanded for a fresh hearing with interim maintenance of Rs.12,000.
Summary
The High Court heard two related writ petitions challenging a Family Court order dated 29‑08‑2024 that fixed maintenance for the wife. The wife claimed the husband’s income was higher than he alleged, while the husband contended that the wife, a Chartered Accountant, earned more than him and he could not pay the ordered amount. Both parties sought to lead fresh evidence on their respective incomes. The Court quashed the impugned maintenance order, remanded the matter to the Family Court for a fresh hearing, and directed that the husband continue paying an interim maintenance of Rs.12,000 until a new determination is made. The Court also ordered the Family Court to expedite the hearing and decide the quantum of maintenance on its own merits.
Issues considered
- What is the appropriate quantum of maintenance given the parties' respective incomes?
- Whether the Family Court's order dated 29‑08‑2024 should be set aside for lack of proper evidentiary consideration?
- Whether the petitioner is entitled to a fresh hearing to lead additional evidence on income?
Subjects
- maintenance
- family court
- quash
- remand
- interim maintenance
- evidence of income
- marital dispute
Judgment
9-WP-10584-2025 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10584 OF 2025
Mamta Nitin Bajaj … Petitioner
SONALI by
Digitally signed
SONALI
VERSUS
SATISH Date:
SATISH KILAJE
KILAJE 2026.08.28
14:40:48 +0530
Nitin Santkumar Bajaj … Respondent
WITH
WRIT PETITION NO. 695 OF 2025
Nitin Santkumar Bajaj … Petitioner
VERSUS
Mamta Nitin Bajaj Nee Mamta Dwarkaprasad Dhanuka … Respondent
_________________________________________________________________
Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, Advocate for Petitioner in
WP/10584/2025 and for Respondent in WP/695/2025.
Mr. Nitin S. Bajaj, Respondent-in-person present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 27th AUGUST, 2026.
P.C. :
1. Heard learned counsel for the petitioner in W.P.No. 10584 of
2025 and for respondent in W.P. No. 695 of 2025.
2. Both the parties have challenged the order of maintenance
passed by the Family Court.
3. Learned counsel for the petitioner/wife submits that matter be
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9-WP-10584-2025 (C).doc
S.S.Kilaje
remanded to the Family Court for fresh hearing, as the petitioner/wife
seeks to lead evidence in support of her case to show that income of the
respondent/husband is higher than what has been stated by him.
4. Respondent/husband in person submits that wife is a Chartered
Accountant and earns more than him and he is unable to pay the
maintenance amount to the wife. Both the parties seeks to lead evidence
in support of their case. Considering these facts, I pass following order :
ORDER
(i) Both the Petitions are partly allowed.
(ii) The impugned order dated 29.08.2024 below
Exhibit-19, passed by the Family Court is quashed
and set aside.
(iii) The matter is remanded to the Family Court for fresh
hearing.
(iv) The Family Court shall hear the maintenance
application of the petitioner/wife afresh by giving an
opportunity to both the parties to lead evidence in
support of their case and decide the quantum of
maintenance on its own merit. Till the decision of
the maintenance application, the respondent
/husband shall continue to pay maintenance of
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S.S.Kilaje
Rs.12,000/-, as directed earlier.
(v) The Family Court shall expedite the hearing of
maintenance application.
(SHIVKUMAR DIGE, J.)
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