The High Court dismissed a writ petition challenging a Family Court order granting interim maintenance and educational expenses. The Court held the amount was not excessive given the petitioner's business status and the respondent's unemployment.
Petition dismissed; Family Court order upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2023:BHC-AS:33642-DB
rsk 1 14-WP-2293-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2293 OF 2021
Deepak Rasiklal Shah ….. Petitioner Vs. Mrs. Bhavna Deepak Shah ….. Respondent
Ms. Sheetal Pandya a/w. Mr. Ameet Mehta, Ms. Kavita Nadar i/b M/s. Solicis Lex for the Petitioner.
Mr. Dushyant Purekar for the Respondent.
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 3rd NOVEMBER 2023.
P. C.
and Mr. Purekar, learned counsel for the Respondent.
rsk 2 14-WP-2293-21.doc
incur educational expenses i. e. school/college fees and tuition fees and other educational expenses of both the children.
that there is no limit which has been set for the educational expenses of the children and that he is not in a position to pay the educational expenses. Upon a query by this Court as to the nature of employment of the Petitioner, learned counsel for the Petitioner
has submitted that the Petitioner is in the business of manufacturing of rubber. The admitted position is that Respondent is not working and is completely dependent on the Petitioner for her day to day sustenance and that of the children. The children are studying and education expenses which the children have to incur are necessarily to be borne by the father. There are no details produced on record that under the guise of claiming educational expenses, certain other expenses are being met by the Respondent. The submission is that there is a demand by the children for shoes, pens etc. which submission in my opinion should not have been raised in the first place.
rsk 3 14-WP-2293-21.doc
that the Petitioner comes from a business family and the Respondent is unemployed and solely dependent on the Petitioner. It is a matter of common knowledge that at the time of adjudicating Interim Application for maintenance there is certain guess work which is involved and it is only after the evidence which has been led that the facts proved on record can assist the Family Court in arriving at the actual amount of maintenance.
rsk 4 14-WP-2293-21.doc
may. The learned counsel appearing for the Petitioner has not been able to point out any material which could prima facie demonstrate that the amount granted as interim maintenance is excessive or exorbitant. In any event, considering that the Respondent is unemployed and children are studying in school /college, the amount granted cannot be interfered with.
SHARMILA U. DESHMUKH, J.
1 issue framed by the court
Whether the Family Court's order granting interim maintenance and educational expenses under Section 24 of the Hindu Marriage Act was excessive or liable to be interfered with.
1 provisions across 1 enactments
Deepak Rasiklal Shah
Mrs. Bhavna Deepak Shah
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
