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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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Tikam

    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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Tikam

              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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