Bombay High Court
SANJEEV KUMAR AGARWALversusKAVITA AGARWAL
- Decided
- Disposal
- Disposed Off
Holding
The High Court quashed the interim maintenance order and remanded the matter to the Family Court for a fresh hearing on its merits.
Summary
The husband, Sanjeev Kumar Agarwal, filed a writ petition challenging an interim maintenance order of Rs.1,00,000 granted by the Family Court, Pune, to his wife, Kavita Agarwal. He contended that the order was based on unsubstantiated assumptions, noting that the wife had not produced her 2024-25 income tax returns and that the judge had not provided a reasoned basis for the award. The wife argued that the Family Court’s order was well‑reasoned and should not be interfered with. The High Court observed that the lower court had failed to give specific reasons and had relied on assumptions, and therefore quashed the impugned order. The matter was remanded to the Family Court for a fresh hearing on the interim maintenance application, and both writ petitions were partly allowed and disposed.
Issues considered
- The adequacy of the Family Court’s reasoning in granting interim maintenance without specific justification.
- Whether the failure to produce income tax returns by the wife warrants setting aside the maintenance order.
- Whether the High Court should intervene and remand the matter for fresh consideration.
Subjects
- interim maintenance
- family court
- quash
- remand
- matrimonial dispute
- income tax returns
- assumption
- procedural fairness
Judgment
6-WP-7875-2026 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7875 OF 2026
Sanjeev Kumar Agarwal ...Petitioner/s
Versus
Kavita Agarwal ...Respondent/s
VAISHALI
ANIL With
TIKAM WRIT PETITION NO. 10008 OF 2026
Kavita Agarwal ...Petitioner/s
Digitally signed
by VAISHALI
ANIL TIKAM
Versus
Date:
2026.08.29
Sanjeev Kumar Agarwal ...Respondent/s
10:18:04 _________________________________________________________________
+0530
Mr. Hitesh Vyas a/w. Rasik Raut, Advocates for Petitioner in WP 7875 of
2026 and Respondent in WP 10008 of 2026
Mr. Yash CP Vyas a/w. Ms. Sejal Patel a/w. Ishita Shah, Advocates for
Petitioner in WP 10008 of 2026
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st AUGUST, 2026.
P.C. :
1. Heard learned counsel for the Petitioner and Respondent of
respective writ petitions.
2. Learned counsel for the Petitioner (in WP 7875 of 2026)
submits that while passing order, Learned Judge has observed that
Respondent-wife is capable to get interest from sale proceeds of land,
amount already received from husband, her own business, around
Rs.2,50,000/- and without giving any reason only mentioned that the
Petitioner has around 8 cars, wife has no car. Hence, Rs.1,00,000/-
granted towards interim maintenance, which is without any reason and
Page 1 of 2
6-WP-7875-2026 (C).doc
Tikam
requested to remand the matter.
3. Learned counsel for the Respondent-wife submits that the
Learned Judge has passed well reasoned order and no interference is
required any and requested to dismiss the petition.
4. I have heard both learned counsel. Perused the impugned order.
While passing the order, Learned Judge has observed that the Petitioner
has not produced income tax returns for the year 2024-25. While granting
maintenance of Rs.1,00,000/-, the Learned Judge has not given any
specific reason and mere only on assumption impugned order has been
passed, hence I find it fit case to remand the matter and I pass following
order:
ORDER
(i) Petitions are partly allowed.
(ii) The impugned order dated 18/04/206 passed by the Learned
Family Court, Pune is quashed and set aside. The matter is remanded back
to the Learned Family Court for fresh hearing.
(iii) The Learned Judge shall decide the interim maintenance
application of Respondent on its own merit, as early as possible.
(iv) Contentions of both the parties are kept open.
(v) Both Petitions are disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
Checking your session…