Bombay High Court
DHAVAL DOSHIversusGRISHMA DOSHI
- Decided
- Disposal
- Disposed Off
Holding
The Court modified the maintenance award to Rs.2,00,000 per month and ordered the petitioner to pay arrears, medical expenses, and utility charges, thereby partially allowing the petition.
Summary
The petitioner, Vaishali Anil Tikam, challenged a Family Court order that awarded his wife, Grishma Doshi, maintenance of Rs.2,50,000 per month along with various household expenses. The petitioner argued that the amount was excessive, noting the wife’s alleged income, investments, and that the family home’s expenses were already being paid by his company. The respondent contended that after a 30‑year marriage she was accustomed to a luxurious lifestyle and required substantial medical and living expenses. The High Court examined the parties’ financial positions, the prior maintenance of Rs.1,30,000, and the petitioner’s willingness to pay specific utility and medical costs. It modified the maintenance to Rs.2,00,000 per month, ordered payment of arrears within three months, directed the petitioner to pay Rs.10,000 monthly for medical expenses, to obtain a medical insurance policy, and to bear electricity, repair and society charges, thereby partially allowing the petition.
Issues considered
- Whether the maintenance amount of Rs.2,50,000 per month awarded by the Family Court is excessive and should be reduced.
- Whether the petitioner should be ordered to pay specific utility and medical expenses in addition to maintenance.
- Whether the petition for modification of the maintenance order is maintainable.
Subjects
- maintenance
- family law
- marital dispute
- medical expenses
- modification of decree
- arrears
- utility charges
Judgment
3-WP-7804-2025 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7804 OF 2025
VAISHALI Dhaval Doshi ...Petitioner/s
ANIL
TIKAM VERSUS
Grishma Doshi ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM _________________________________________________________________
Date:
2026.10.07 Mr. R.T. Lalwani a/w. Sadhna Jayker (Lalwani) a/w. J.K. shah a/w.
17:41:00 +0530
Namrata Thakur a/w Tejashree Gawde i/by R.S. Law, Advocates for the
Petitioner.
Ms. Taubon F. Irani a/w. Ms. Tasneem Siddiquee a/w. Divya Sharma a/w.
Khushi Sonkar a/w Kabir Mansinghani, Advocates for the Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th SEPTEMBER 2026.
P.C. :
1. Heard learned counsel for the Petitioner and learned counsel for
the Respondent.
2. The challenge in this Petition is to the impugned order below
Exhibit 16 passed by the Learned Family Court, Mumbai below Exhibit 16
whereby the Learned Judge has awarded maintenance of Rs.2,50,000/-
per month to the Respondent-wife and the Petitioner has also been
directed to pay gas, electricity, society maintenance, fuel charges and other
miscellaneous expenses as mentioned in para. no. 24 of reply filed by the
Petitioner-husband.
3. It is contention of the learned counsel for the Petitioner that
the Learned Judge has awarded an exorbitant amount of maintenance of
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Rs.2,50,000/- without any reasonable ground. Learned counsel further
submitted that the Respondent-wife is residing in the house belonging to
the Petitioner's company. The Petitioner's company is paying the
maintenance and repair charges of the said house. The Respondent has
no source of income. Her bank statement shows that handsome amount
have been deposited in her bank account. She has also invested in mutual
funds and has a permanent source of income. Out of the wedlock,
Petitioner and Respondent have two twin sons. The Petitioner's company
has borne the educational expenses of their son. The Petitioner is not the
owner of the company and he has some shares in the said company.
However, these facts are not considered by the Learned Family Judge and
has passed the impugned order,which is erroneous and requested to allow
the Petition.
4. It is contention of learned counsel for the Respondent that the
marriage lasted for 30 years. The Petitioner is the founder of the company.
His minimum annual income from the said company is Rs.1.5 Crores. For
past 30 years, Respondent enjoyed a luxurious lifestyle with the Petitioner.
At present, the Respondent is residing with her two sons in the said house.
The Respondent is required to send the bills to be Petitioner from time to
time for reimbursement of the expenses. The Learned Family Judge has
passed a well reasoned order on the statement made by the Petitioner in
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the affidavit in reply that the Petitioner will pay the society maintenance,
fuel charges and other miscellaneous expenses. The Respondent is diabetic
and requires medical expenses every month and occasional hospitalization.
The order passed by the Family Court is a well reasoned order. No
interference is required in it and requested to dismiss the petition.
5. Learned counsel for the Petitioner, on instructions, submits that
Petitioner is ready to pay the society maintenance, electricity charges and
repairs charges of the premises, which are presently being paid by the
Company and deducted from the salary of the Petitioner. Learned counsel
for the Petitioner further submitted that the Petitioner is ready to give an
undertaking to pay Rs.10,000/- per month towards medical expenses to
the Respondent and he will obtain a medical policy for the Respondent
covering hospitalization expenses.
6. I have heard both learned counsel. Perused the impugned order.
It appears from record that earlier the Petitioner was paying Rs.1,30,000/-
per month as maintenance to the Respondent. The sons of the Petitioner
and Respondent are majors and are staying with the respondent. The
maintenance of Rs.2,50,000/- per month has been granted to the
Petitioner, which is on higher side. The respondent was staying with
Petitioner for 30 years. She has accustomed with life style of the
Petitioner. She is staying with her two sons. The Petitioner was paying
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Rs.1,30,000/-. Considering these facts, I am inclined to award
maintenance of Rs.2,00,000/- per month to the Respondent, particularly as
the Petitioner is undertaken to pay Rs.10,000/- per month towards medical
expenses to the Respondent and has further undertaken to obtain an
annual medical insurance policy for the Respondent covering
hospitalization expenses.
7. In view of above, I pass following order:
ORDER
(i) The Petition is partly allowed.
(ii) The impugned order dated 03/03/2025 passed by the Principal
Judge, Family Court, Mumbai is modified as under:-
(a) The Petitioner shall pay an amount of Rs.2,00,000/-
per month as maintenance to the Respondent from
the date of order passed by the Family Court i.e.
03/03/2025.
(b) The excess amount shall be adjusted from the
amount to be paid to the Respondent.
(c) The Petitioner shall pay the entire arrears of
maintenance amount within a period of three
months.
(d) The Petitioner shall pay rs.10,000/- as medical
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expenses to the Respondent and shall take annual
medical policy of the Respondent. The Petitioner
shall pay electricity charges, repair charges and
society maintenance charges of the premises where
Respondent is staying.
(e) Writ Petition is disposed of.
(f) All contentions of both the parties are kept open.
(SHIVKUMAR DIGE, J.)
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