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Bombay High Court

GANESH TUKARAM WAGHMAREversusMINA ALIAS RANI GANESH WAGHMARE

Disposal
DISPOSED OFF

Holding

The High Court held that the suspension of the petitioner from service does not warrant setting aside the Family Court's interim maintenance order and dismissed the writ petition.

Summary

The petitioner, Ganesh Tukaram Waghmare, challenged an interim maintenance order of Rs.4,000 per month granted by the Family Court, Jalgaon, on the ground that he had been suspended from his Zilla Parishad job and was unemployed. He argued that he could not afford the payment, had to support his aged mother, and that his wife had deserted him, so there was no refusal to maintain her. The respondent wife contended that she had no income, was wholly dependent on the petitioner, and produced a salary certificate showing his earnings of about Rs.23,857 per month. The High Court observed that the suspension did not automatically invalidate the maintenance order and that the amount, though modest, was reasonable. Consequently, the writ petition was dismissed, leaving the interim maintenance order in force.

Issues considered

  • Whether the petitioner's suspension from service justifies setting aside the interim maintenance order.
  • Whether the amount of Rs.4,000 per month is adequate as interim maintenance under the circumstances.

Legislation cited

Subjects

  • interim maintenance
  • suspension from service
  • Family Court
  • Hindu Marriage Act
  • writ petition
  • dependency
  • maintenance order

Judgment

2026:BHC-AUG:5457
                                                  1                         WP 8806-2023.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                                 WRIT PETITION NO. 8806 OF 2023

                                 GANESH TUKARAM WAGHMARE
                                           VERSUS
                              MINA ALIAS RANI GANESH WAGHMARE

                                                 …
             Mr. Sandesh R. Patil – Advocate for Petitioner
             Ms. Manjushree V. Narwade – Advocate for Respondent (appointed)
                                                 …

                                     CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                     DATE        : 02.02.2026

             ORDER:
             1.     Heard learned Counsel for the respective parties.


             2.     The petitioner is aggrieved by the order dated 03.04.2023 passed

             below Exhibit-7 by the learned Judge, Family Court, Jalgaon, in Petition

             No. C–02 of 2022, whereby the learned Judge partly allowed the

             application and directed the petitioner-husband            to pay interim

             maintenance of Rs.4,000/- per month to the respondent-wife from the

             date of the petition.


             3.     Learned Counsel for the petitioner, Mr. S.R. Patil, submits that the

             petitioner-husband was in service with Zilla Parishad, however, he has

             been suspended from service and is presently jobless and not receiving

             any salary. It is further submitted that the petitioner has to maintain his
                                     2                         WP 8806-2023.odt


aged mother, has no independent residential house and is residing in

rented premises. It is contended that the respondent-wife has willfully

deserted the petitioner and, therefore, there is no refusal on the part of

the petitioner-husband to maintain her. On these grounds, it is urged that

the impugned order passed by the Judge, Family Court, Jalgaon, deserves

to be set aside.


4.    Per contra, learned Counsel for the respondent-wife, Ms. M.V.

Narwade, supports the impugned order and submits that the learned

Judge, Family Court, Jalgaon, has passed a reasonable and justified order.

It is submitted that the respondent-wife has no source of income, whereas

the petitioner-husband is serving with the Zilla Parishad and is earning a

salary of about Rs.25,000/- per month. It is further submitted that the

mother of the petitioner is a pensioner and is not dependent upon him

and that the respondent-wife is only dependent upon the petitioner-

husband.


5.    Having perused the impugned order passed by the learned Judge,

Family Court, Jalgaon, it is evident that there is no dispute regarding the

marital relationship between the parties and that a petition under the

Hindu Marriage Act is pending before the Family Court, Jalgaon. In the

application for interim maintenance, the respondent-wife specifically

contended that the petitioner-husband was in service with the Zilla

Parishad. At the relevant time, the respondent-wife placed on record the
                                         3                         WP 8806-2023.odt


salary certificate of the petitioner, which indicates that he was drawing a

net salary of Rs.23,857/- per month, as well as the pension certificate of

the petitioner’s mother.


6.       Merely on the ground that the petitioner-husband has been

suspended from service with the Zilla Parishad, the impugned order

cannot be set aside. Furthermore, the amount of Rs.4,000/- per month

granted towards interim maintenance is, in fact, a meagre amount.

Considering these aspects, I am not inclined to entertain the present

petition.


7.       Hence, the Writ Petition stands dismissed. There shall no order as

to costs.


8.       Pending Civil Applications, if any, also stand disposed of.


9.       The fees in sum of Rs.6,000/- (rupees Six Thousand only) shall be

quantified to the learned Counsel, Ms. Manjushree V. Narwade, appointed

to represent the respondent.



                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE


Pooja Kale/


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