Dismissed¶¶7

Ajaykumar Dhondiram Chavan v. Anita Ajaykumar Chavan

Bombay HC11 Jul 2025WP/1803/2025

Case brief

AI extract

What is this about?

Interim maintenance; Section 24 Hindu Marriage Act; restitution of conjugal rights; Section 9 Hindu Marriage Act; Exhibit-5 application; Hindu Marriage Petition No.89/2024; Civil Judge Senior Division Sillod; Rs.8,000/- per month upheld; husband's affidavit Rs.50,000/- per month expenditure; dignified life commensurate with family standard; subsequent JMFC Soygaon order Rs.6,000/- Miscellaneous Criminal Application No.86/2024; writ petition dismissed; Aurangabad Bench; Chapalgaonkar J.; 11 July 2025.

What did the court decide?

Where the petitioner's own affidavit discloses monthly expenditure of Rs.50,000/- and maintenance of a corresponding standard of living, the wife is equally entitled to a dignified life commensurate with that of the other members of the family. ¶¶4

Ajaykumar Dhondiram Chavan Vs Anita Ajaykumar Chavan — Matrimonial and Divorce | Bombay HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶¶7

Issue for consideration

Whether the impugned order dated 12.11.2024 granting interim maintenance of Rs.8,000/- per month to the respondent-wife below Exhibit-5 in Hindu Marriage Petition No.89/2024 calls for interference by this Court in writ jurisdiction. +1 more

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Court's answer

¶¶4

Ratio / Principle

No ground is made out to cause interference in the impugned order granting interim maintenance of Rs.8,000/- per month to the respondent-wife.

¶¶5

Key takeaways

The later JMFC, Soygaon order of Rs.6,000/- per month maintenance is a subsequent order which has no bearing on the impugned order; the petitioner may take appropriate recourse of law if aggrieved by that subsequent order.obiter¶¶7

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Bench at Aurangabad (S. G. Chapalgaonkar, J.; decided 11.07.2025) in Ajaykumar Dhondiram Chavan v. Anita Ajaykumar Chavan, Writ Petition No.1803 of 2025: writ petition challenging the Civil Judge Senior Division, Sillod's order dated 12.11.2024 (below Exhibit-5 in Hindu Marriage Petition No.89/2024, a Section 9 restitution-of-conjugal-rights petition) awarding the wife interim maintenance of Rs.8,000/- per month under Section 24, Hindu Marriage Act, DISMISSED. Relying on the petitioner-husband's own affidavit admitting monthly expenditure of Rs.50,000/- on himself and the two daughters in his custody, the Court held that where the family maintains that standard of living, the wife is entitled to a dignified life commensurate with other family members, and no ground for interference was made out. A subsequent JMFC, Soygaon order granting Rs.6,000/- per month maintenance in Miscellaneous Criminal Application No.86/2024 was held to have no bearing on the impugned order, with liberty to challenge it separately.

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17-wp-1803-2025.odt

¶2

(1)

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2025:BHC-AUG:18240

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1803 OF 2025

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AJAYKUMAR DHONDIRAM CHAVAN VERSUS

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ANITA AJAYKUMAR CHAVAN

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Mr. Vaibhav B. Dhage, Advocate for the Petitioner. Mr. M. K. Bhosale, Advocate for Respondent.

¶9

CORAM : S. G. CHAPALGAONKAR, J. DATED : 11^th JULY, 2025.

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P.C.:-

¶11

The petitioner impugns order dated 12.11.2024 passed by Civil Judge Senior Division, Sillod below Exhibit-5 in Hindu Marriage Petition No.89/2024, by which interim maintenance of Rs.8000/- per month is granted to respondent-wife.

¶12

The respondent instituted Hindu Marriage Petition No.89/2024 before Civil Judge Senior Division, Sillod under Section 9 of Hindu Marriage Act seeking decree of restitution of conjugal rights. During pendency of said petition, she filed application below Exhibit-5 under Section 24 of Hindu Marriage Act, claiming interim maintenance @ Rs.20,000/- per month.

¶13

It appears that petitioner has custody of two daughters and in response to respondent’s claim for maintenance, he filed affidavit stating that he requires to spend amount of Rs.50,000/per month on himself and two daughters.

¶14

17-wp-1803-2025.odt

¶15

(2)

¶16

The contents of affidavit filed by petitioner itself shows status of family. If applicant is spending amount of Rs.50,000/- per month and maintaining standard of living, wife is also entitled for dignified life commensurate to other family members.

¶17

In that view of the matter, no ground is made out to cause interference in impugned order granting interim maintenance of Rs.8000/- per month to respondent-wife.

¶18

Mr. Dhage, learned Advocate appearing for petitioner submits that after passing impugned order, Judicial Magistrate First Class, Soygaon has passed one more order granting maintenance of Rs.6000/- per month in favour of respondent-wife in Miscellaneous Criminal Application No.86/2024.

¶19

Apparently, it is subsequent order and petitioner may take appropriate recourse of law, if he is aggrieved by the same. However, it has no bearing on impugned order. In result, Writ Petition stands dismissed.

¶20

(S. G. CHAPALGAONKAR) JUDGE

¶21

Devendra/July-2025

Ajaykumar Dhondiram Chavan v. Anita Ajaykumar Chavan

Case brief

What is this about?

What did the court decide?

Ajaykumar Dhondiram Chavan v. Anita Ajaykumar Chavan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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