Bombay High Court
HEMANT S/O VITTHAL SAWANTversusSUSHMA W/O HEMANT SAWANT ALIAS SUSHAMA ANIL CHAVAN
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is required to pay Rs 10,000 as maintenance only to the son not residing with him.
Summary
The Family Judge ordered the petitioner to pay Rs 10,000 each as maintenance to the petitioner’s two sons. The petitioner argued that one son lives with him, so maintenance to that son is unnecessary, and only the other son should receive the amount. No counsel appeared for the respondent. The High Court, after hearing the petitioner’s counsel, agreed that maintenance should be paid only to the son not residing with the petitioner. Accordingly, the court ordered the petitioner to pay Rs 10,000 to the other son and directed the pending family court proceedings to be concluded promptly. The petition was disposed.
Issues considered
- Whether the petitioner is liable to pay maintenance to both sons as per the Family Judge’s order or only to the son not residing with him.
Subjects
- maintenance
- family law
- civil appellate jurisdiction
- writ petition
- high court
Judgment
55-WP-9804-2024 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9804 OF 2024
Hemant S/o.Vitthal Sawant ...Petitioner/s
Versus
Sushma W/o Hemant Sawant Alias Sushama Anil Chavan
...Respondent/s
VAISHALI
ANIL ________________________________________________________________
TIKAM
Mr. Anant Devakate a/w. Mr. Priyal Sarda , Advocate for Petitioner.
Digitally signed
by VAISHALI None for Respondent.
ANIL TIKAM
Date:
_________________________________________________________________
2026.09.01
14:17:35 +0530
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th AUGUST, 2026.
P.C. :
1. Heard learned counsel for the Petitioner. None present for the
Respondent.
2. Learned counsel for the Petitioner submits that the Learned
Family Judge has directed to pay Rs.10,000/- each as a maintenance to the
son of the Petitioner. Out of two sons, one son is staying with the
Petitioner, hence, no question of giving maintenance amount to him
arises. He further submits that Petitioner shall pay Rs.10,000/- as
maintenance to other son.
3. Considering the submissions of learned counsel for the
Petitioner, petition is disposed of accordingly. The Petitioner shall pay
Rs.10,000/- maintenance to other son. The pending proceedings before
the Family Court be decided as early as possible.
(SHIVKUMAR DIGE, J.)
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