Disposed

Harsh Mahesh Thaker v. State of Maharashtra

Bombay HC19 Jan 2024WP/292/2024

Case brief

AI extract

What is this about?

Husband challenged an interim maintenance order of Rs.15,000 per month granted by the Family Court, Mumbai to his wife. The court directed him to deposit the outstanding Rs.5,40,000 within four weeks and monthly interim maintenance thereafter, failing which the petition stands dismissed; Family Court proceedings stayed meanwhile.

What did the court decide?

Petitioner directed to deposit Rs.5,40,000 arrears within four weeks and Rs.15,000 monthly interim maintenance from June 2024 with the Family Court; failing deposit, petition to stand dismissed; Petit

Harsh Mahesh Thaker vs State of Maharashtra — Maintenance and Alimony | Bombay HC (2024)

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930 - WP 292 OF 2024.doc

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Digitally signed by KANCHAN KANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.05.10 20:54:46 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 292 OF 2024

Harsh Mahesh Thaker

...Petitioner

VERSUS

State of Maharashtra & Anr.

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...Respondents

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Ms.Bhagyalaxmi Dhakuwa a/w. Ms.Bhavna Nikam, Mr.Prashant M. for the Petitioner.

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Mr.Abhijeet Naik, A.G.P. for the Respondent No.1.

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Mr.Suresh Sabrad a/w. Mr.Pratik Sabrad for the Respondent No.2.

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CORAM: RAJESH S. PATIL, J.

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DATE : 10 MAY, 2024

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P.C. :-

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This writ petition has been filed by the husband challenging

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an interim maintenance order granted by the Family Court, Mumbai on 8 May, 2023.

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The Family Court has arrived at the conclusion that an

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interim maintenance for Rs.15,000/- per month should be granted to the wife. The said conclusion has been arrived by the

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930 - WP 292 OF 2024.doc

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Family Court on the basis of the findings recorded in paragraph no.12 of the order. Paragraph no.12 of the impugned order reads as under :-

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Perusal of the bank statement of petitioner of the account in ICICI Bank shows that regular credit entries by way of transfer form Mrs. Raksha Mahesh Thaker are found. She is the mother of petitioner. In his application at Exh.16 and the reply at Exh.17 petitioner says that he is surviving at the mercy of his parents. These entries could fortify the statement of petitioner about his survival at the mercy of his parents. But these entries when examined in consonance with the other entries, this inference cannot be drawn. Because it is seen from the account statement of petitioner that he has regularly paid money to a firm, probably an insurance company. Petitioner has produced his credit card statements. These statements show that he has spent money on wine shops, salon and outlets like McDonalds etc. The account statement also shows that petitioner has time and again travelled different parts of the country like Delhi and Chennai. It is difficult to believe that a person with no income since 2019 goes on paying insurance premiums and recurrently spends money on buying liquor and spending at outlets like McDoralds. It is highly improbable that an educated person would take money from his mother for these expenditures Therefore, there is every reason to infer that petitioner has created entries of transfer of amounts from his mother to his accounts to demonstrate his unemployment or lack of funds only with an intention to evade the liability of paying maintenance to respondent.

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Admittedly, as of today, the petitioner/husband has not paid a single rupee of the interim maintenance granted by the Family Court. The outstanding amount as of today is roughly Rs.5,40,000/-.

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930 - WP 292 OF 2024.doc

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In order to show his bona fide, without prejudice to the

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rights and contentions of the parties, the petitioner is directed to deposit a sum of Rs.5,40,000/- with the Family Court, Mumbai within a period of four weeks from today.

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So also, the petitioner will deposit on the 10^th day of each month starting from June 2024, a sum of Rs.15,000/- as interim maintenance with the Family Court, Mumbai till further orders passed by this Court.

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If the outstanding amount is not deposited by the petitioner, within a period of four weeks from today with the Family Court, Mumbai, writ petition to stand dismissed without further reference to Court.

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In the meantime, further proceedings of the Petition A No.

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317 of 2020 pending before the Family Court, Bandra is stayed.

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[RAJESH S. PATIL, J.]

Harsh Mahesh Thaker v. State of Maharashtra

Case brief

What is this about?

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Harsh Mahesh Thaker v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

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