Disposed¶17

Balmukund Nee Ganpati Shankar Patil v. Pooja Balmukund Nee Ganpati Shankar Patil

Bombay HC6 Feb 2025WP/18936/2024

Case brief

AI extract

What is this about?

Maintenance; Family Court maintenance order; quantum challenged as exorbitant; interim payment undertaking of Rs. 11,000/- per month against Rs.22,000/- per month; ad interim relief per prayer clause (b); notice returnable 4th February 2025; private service and affidavit of service; husband v. wife maintenance; Bombay High Court; Madhav J. Jamdar, J.; Civil Writ Petition 18936 of 2024; Balmukund @ Ganpati Shankar Patil v. Pooja Balmukund @ Ganpati Shankar Patil.

What did the court decide?

Ad interim relief in terms of prayer clause (b); Petitioner's undertaking to pay Rs. 11,000/- per month towards maintenance accepted; notice to Respondent returnable on 4th February 2025. ¶17

Balmukund Nee Ganpati Shankar Patil vs Pooja Balmukund Nee Ganpati Shankar Patil — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad interim relief in terms of prayer clause (b); Petitioner's undertaking to pay Rs. 11,000/- per month towards maintenance accepted; notice to Respondent returnable on 4th February 2025.

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Issue for consideration

Whether the aggregate maintenance of Rs.22,000/- per month granted by the Family Court to the wife and the son is exorbitant having regard to the income of the Petitioner.

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Court's answer

The Court accepted, as undertakings given to the Court, the statement of counsel for the Petitioner, on instructions, that the Petitioner will pay 50% of the maintenance amount, i.e., Rs. 11,000/- per month, to the Respondent-wife for maintenance of wife and son till further orders, with effect from January 2025, payable on or before the 15th day of each month.

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Ratio / Principle

Notice issued to the Respondent, returnable on 4th February 2025.

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Key takeaways

In addition to the Court notice, the Petitioner to serve the Respondent by private service and shall file affidavit of service before the returnable date.ratio¶16
Ad interim relief granted in terms of prayer clause (b), in view of the statement of learned Counsel for the Petitioner accepted as an undertaking given to the Court.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Madhav J. Jamdar, J.), Civil Writ Petition No. 18936 of 2024 — interlocutory order dated 7 January 2025. The Petitioner challenges as exorbitant, having regard to his income, the Family Court's grant of aggregate maintenance of Rs.22,000/- per month to the Respondent-wife and the son. Counsel for the Petitioner, on instructions and without prejudice, stated that the Petitioner will pay 50% thereof, i.e., Rs. 11,000/- per month, to the Respondent-wife for maintenance of wife and son till further orders, with effect from January 2025, on or before the 15th day of each month; the Court accepted these statements as undertakings given to it. Notice was issued to the Respondent, returnable on 4th February 2025, with service by private service and affidavit of service directed; ad interim relief was granted in terms of prayer clause (b). Interlocutory order only; the appropriateness of the maintenance quantum remains open.

Balmukund Nee Ganpati Shankar Patil v. Pooja Balmukund Nee Ganpati Shankar Patil

Case brief

What is this about?

What did the court decide?

Balmukund Nee Ganpati Shankar Patil v. Pooja Balmukund Nee Ganpati Shankar Patil

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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Case details

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