Deepti Nikhil Bugate and Anr. vs Nikhil Nandkumar Bugate — Bombay HC (2025) — LawSathi Research

Deepti Nikhil Bugate and Anr. vs Nikhil Nandkumar Bugate — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

By consent: impugned order dated 8 November 2023 (learned Judge, Family Court, Kolhapur, below Exh.6 in Petition No. E-14 of 2023) quashed and set aside; Exh.6 Application restored to the file of the learned Judge, Family Court, Kolhapur to be decided afresh expeditiously on or before 30 September 2025; both parties to file fresh affidavits of disclosure as directed in Rajnesh v. Neha, (2021) 2 SCC 324, within 3 weeks; undertakings accepted — interim maintenance of Rs.18,000/- per month to the Petitioner wife and son from 1 July 2025 (first payment on or before 5 August 2025, thereafter by the 5th of each month until fresh decision) and arrears of about Rs.1,56,000/- within two months; merits expressly kept open; Writ Petition disposed of with no order as to costs.

Issue for consideration

Whether the order dated 8 November 2023 passed by the learned Judge, Family Court, Kolhapur below Exhibit-6 in Petition No. E-14 of 2023 ought to be quashed and set aside, the Petitioners contending it failed to consider aspects bearing on the Respondent's true income/business (advertisement of “Go Ego Charging Stations” on his WhatsApp profile; business as Vardhan Enterprises conducting a Toy Store). +1 more

Court's answer

Impugned order dated 8 November 2023 passed by the learned Judge, Family Court, Kolhapur below Exhibit-6 in Petition No. E-14 of 2023 is quashed and set aside (by consent of parties).

Ratio / Principle

Said Application bearing Exhibit-6 in Petition No. E-14 of 2023 is restored to the file of the learned Judge, Family Court, Kolhapur, who is requested to decide it afresh expeditiously on or before 30 September 2025.

Key takeaways

Both parties to file fresh affidavits of disclosure as directed by the Supreme Court in Rajnesh v. Neha, within 3 weeks.ratio¶28
Undertaking accepted by the Court: Respondent to pay interim maintenance of Rs.18,000/- per month to the Petitioner wife and son with effect from 1 July 2025; first payment (for July 2025) on or before 5 August 2025 and thereafter on or before the 5th day of each month until the learned Judge, Family Court, Kolhapur decides the Exhibit-6 Application in Petition No. E-14 of 2023.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.), Writ Petition No. 1252 of 2024, decided 25 July 2025 — challenge to the order dated 8 November 2023 of the learned Judge, Family Court, Kolhapur, below Exhibit-6 in Petition No. E-14 of 2023 (maintenance). By consent of parties, the impugned order was quashed and set aside and the Exhibit-6 Application restored to the file of the Family Court, Kolhapur, to be decided afresh expeditiously on or before 30 September 2025. Both parties were directed to file fresh affidavits of disclosure as directed by the Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, within three weeks. The Respondent's counsel, on instructions, gave undertakings accepted by the Court: interim maintenance of Rs.18,000/- per month to the Petitioner wife and son with effect from 1 July 2025 (first payment for July 2025 on or before 5 August 2025, thereafter by the 5th of each month) until the Exhibit-6 Application is decided, and payment of arrears of about Rs.1,56,000/- within two months. The Court clarified that it had not considered the merits and all contentions were expressly kept open. Disposed of with no order as to costs.

914-WP-1252-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.1252 OF 2024

Deepti Nikhil Bugate & Anr.

Versus

Nikhil Nandkumar Bugate

…Petitioners …Respondent

Mr. Yuvraj Narvankar, for the Petitioners.

Mr. Utkarsh Desai, for the Respondent.

CORAM: MADHAV J. JAMDAR, J. DATED: 25^th JULY 2025

P.C.:

1. Heard Mr. Narvankar, learned Counsel appearing for the Petitioners and Mr. Desai, learned Counsel appearing for the Respondent.

2. The challenge in this Writ Petition is to the order dated 8^th November, 2023 passed by the learned Judge, Family Court, Kolhapur, below Exhibit-6 in Petition No. E-14 of 2023.

3. It is the main contention of Mr. Narvankar, learned Counsel for the Petitioners that, the Respondent has not disclosed true income. He points out, cross-examination dated 11^th April, 2025 of the Respondent conducted in another Petition No. A-149 of 2022, where the Respondent

has accepted that on the WhatsApp profile of his mobile there is an advertisement of “Go Ego Charging Stations”. Apart from that, Mr. Narvankar, learned Counsel states that the Respondent - husband is also having business under the name was Vardhan Enterprises, where Toy

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Store is being conducted. He submits that all these aspects are not taken into consideration by the learned Judge, Family Court, Kolhapur.

4. Mr. Desai, learned Counsel appearing for the Respondent states that all these contentions are not correct. However, he states that, in the facts and circumstances the matter can be remanded back to the learned Judge, Family Court, Kolhapur. Mr. Desai, learned Counsel on instructions, states that till said Exhibit-6 Application in Petition No. E- 14 of 2023 is decided afresh, the Respondent will pay maintenance of Rs.18,000/- per month to the Petitioner wife and son. The said statement made by learned Counsel of the Respondent, on instructions, is accepted as undertaking given to the Court. Accordingly, the said payment, at said rate, will be made with effect from 1^st July, 2025. First such payment of maintenance for the month of July 2025 shall be made on or before 5^th August, 2025 and thereafter on or before 5^th day of each month till the learned Judge, Family Court, Kolhapur, decides the said Application bearing Exhibit-6 in Petition No. E-14 of 2023.

5. Mr. Desai, states that in said Petition No. E-14 of 2023 evidence is being conducted. However, as order dated 8^th November, 2023 has been passed without taking into consideration, several aspects it is required to set aside the said order dated 8^th November, 2023.

6. Accordingly, by consent of parties, following order is passed:

O R D E R

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(i) Impugned order dated 8^th November, 2023 passed by the learned Judge, Family Court, Kolhapur below Exhibit-6 in Petition No. E-14 of 2023 is quashed and set aside. Said Application bearing Exhibit-6 in Petition No. E-14 of 2023 is restored to the file of the learned Judge, Family Court, Kolhapur.

(ii) Both the parties to file fresh affidavit of disclosure as directed by the Supreme Court in the case of Rajnesh v. Neha¹ . Such, affidavit be filed within a period of 3 weeks from today.

(iii) Learned Judge, Family Court, Kolhapur is requested to decide the said Application bearing Exhibit-6 in Petition No. E-14 of 2023 afresh expeditiously on or before 30^th September, 2025.

(iv) Mr. Desai, learned Counsel also states that the arrears of about Rs.1,56,000/- will be paid to the Respondent within a period two months from today. The said statement made on instructions of the Respondent are accepted as undertakings given to this Court.

7. It is clarified that this Court has not considered the merits on said Exhibit-6 Application and all contentions of both the parties are expressly kept open.

1 (2021) 2 SCC 324

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8. Accordingly, the Writ Petition is disposed of in above terms, with no order as to costs.

[MADHAV J. JAMDAR, J.]

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