Disposed¶33

Subhash Mahesh Sharma v. State of Maharashtra and Anr.

Bombay HC19 Sept 2025WP/4181/2025

Case brief

AI extract

What is this about?

maintenance; PWDVA Appeal dismissed; Additional Sessions Judge Thane; Chief Judicial Magistrate Thane; PWDV Application No.282 of 2018; Rs.80,000 per month maintenance; Distress Warrant for non-payment; arrears Rs.35,70,000; arrears in other cases Rs.16,10,000; net worth Kalpataru Synthetics Rs.27.58 crores; Kalpataru Polyster Rs.4.35 crores; 21 properties Assets and Liability Affidavit; Avlon Society Seth Builders flats Rs.10 to 14 crores; ad-interim stay refused; no case made out; stand over 20 January 2026; Bombay High Court; Madhav J. Jamdar; Writ Petition No.4181 of 2025

What did the court decide?

No relief granted: the Court clarified that no stay was granted as prima facie no case was made out for ad-interim relief of stay, and stood the matter over to 20 January 2026. ¶33

Subhash Mahesh Sharma vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted: the Court clarified that no stay was granted as prima facie no case was made out for ad-interim relief of stay, and stood the matter over to 20 January 2026.

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Issue for consideration

Whether the Writ Petition challenging the order dated 01 July 2025 of the learned Additional Sessions Judge, Thane dismissing PWDVA Appeal No.33 of 2025 and PWDVA Appeal No.38 of 2025 (which confirmed the maintenance order dated 31 January 2025) calls for interim relief. +1 more

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Ratio / Principle

The Court declined to grant any stay, holding that prima facie no case was made out for granting ad-interim relief of stay, and clarified accordingly.

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Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Madhav J. Jamdar, J.) — interim order in Writ Petition No.4181 of 2025. Subhash Mahesh Sharma challenges the order dated 01.07.2025 of the learned Additional Sessions Judge, Thane dismissing PWDVA Appeal No.33 of 2025 and PWDVA Appeal No.38 of 2025, whereby the order dated 31.01.2025 of the learned Chief Judicial Magistrate, Thane in PWDV Application No.282 of 2018 granting Respondent No.2 (wife, Nirmala @ Niru Subhash Sharma) maintenance of Rs.80,000 per month stands confirmed. The mentioning arose because the learned JMFC had issued a Distress Warrant against the Petitioner for non-payment of maintenance; the matter was taken up on the production board. Counsel for Respondent No.2 contended that arrears in this case are Rs.35,70,000 and Rs.16,10,000 in other cases; Petitioner's counsel pleaded inability to pay on the ground that his financial condition is not good. The Court noted the Sessions Court's reliance on the Petitioner's directorship of Kalpataru Polyster and Kalpataru Synthetics (net worth Rs.4.35 crores and Rs.27.58 crores respectively) and on Respondent No.2's Assets and Liability Affidavit listing 21 properties and claiming two 5 BHK flats booked on 30.01.2020 in Avlon Society project of Seth Builders worth Rs.10–14 crores (denied by the Petitioner). Holding that prima facie no case was made out for granting ad-interim relief of stay, the Court granted no stay and stood the matter over to 20.01.2026.

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501-CR WP-4181-2025.DOC

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Akash Tayde

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.4181 OF 2025

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Subhash Mahesh Sharma …Petitioner Versus The State of Maharashtra & Ors. …Respondents

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Mr. Ashok M. Saraogi, for the Petitioner. Mr. Manoj Jaiswal a/w Vedant Gurav, for the Respondent No.2.

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CORAM: MADHAV J. JAMDAR, J. DATED : 12^th DECEMBER 2025

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PC:-

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Mr. Saraogi, learned Counsel for the Petitioner, mentioned

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this matter in the morning, as the learned JMFC has issued Distress Warrant against the Petitioner. In view of the urgency the matter is taken up on the production board.

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The challenge in this Writ Petition is to the order dated 01^st July 2025 passed by the learned Additional Sessions Judge, Thane in PWDVA Appeal No.33 of 2025 and PWDVA Appeal No.38 of 2025. By the said order dated 01^st July 2025, the said Appeals, were dismissed. Resultantly order dated 31^st January 2025 passed

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Page 1

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501-CR WP-4181-2025.DOC

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Akash Tayde

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by learned Chief Judicial Magistrate, Thane in PWDV Application No.282 of 2018 is confirmed.

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The learned Chief Judicial Magistrate, Thane by said order dated 31^st January 2025 has granted maintenance of Rs.80,000/per month which order was challenged by filing said PWDVA Appeals and the said Appeals have been dismissed by the impugned order dated 01^st July 2025 of the learned Additional Sessions Judge, Thane.

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The Distress Warrant has been issued as the Petitioner has

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not paid the maintenance as granted by the said order dated 31^st January 2025.

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It is significant to note that the learned Additional Sessions Judge while dismissing the Appeals have inter alia taken into consideration that the Petitioner -Subhash Mahesh Sharma i.e. husband is the Director of two Companies namely Kalpataru Polyster and Kalpataru Synthetics and the net worth of Kalpataru Synthetics is Rs.27.58 Crores and net worth of Kalpataru Polyster is Rs.4.35 Crores. The learned Sessions Court has also taken into

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Page 2

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501-CR WP-4181-2025.DOC

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Akash Tayde

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consideration that Respondent No.2 -Nirmala @ Niru Subhash Sharma i.e. wife in her Assets and Liability Affidavit has enlisted 21 properties of her husband and parents in-law. In the said Affidavit it has been stated that on 30^th January 2020 they have booked two flats in Avlon Society project of Seth Builders and as per the contention of Respondent No.2 -Wife both flats are 5 BHK flats worth of Rs.10 to 14 Crores. Mr. Saraogi, learned Counsel appearing for the Petitioner denies the same.

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It is required to be noted that as per the contention of the learned Counsel appearing for the Respondent No.2 -Wife in this case the arrears are of Rs.35,70,000/- and in other cases arrears are of Rs.16,10,000/-.

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Mr. Saraogi, learned Counsel submits that the financial condition of the Petitioner is not good and therefore he is not able to pay the said amount.

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Mr. Jaiswal, learned Counsel of the Respondent submits that the Petitioner is Director in said two Companies namely Kalpataru Polyster and Kalpataru Synthetics and the net worth of Kalpataru

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Page 3

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501-CR WP-4181-2025.DOC

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Akash Tayde

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Synthetics is Rs.27.58 Crores and net worth of Kalpataru Polyster is Rs.4.35 Crores and the Petitioner and his family are the owners of several properties and totally false case is made out.

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Stand over to 20^th January 2026.

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It is clarified that this Court has not granted any stay as prima facie no case is made out for granting ad-interim relief of stay.

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[MADHAV J. JAMDAR, J.]

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Page 4

Subhash Mahesh Sharma v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Subhash Mahesh Sharma v. State of Maharashtra and Anr.

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

Coram

Case details

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