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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



                                        Page 2 of 3
                                                   9-WP-10584-2025 (C).doc

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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