Prashant S/O Ashok Chavhan vs Sau. Poonam W/O Prashant… — Domestic Violence | Bombay HC (2025)

Prashant S/O Ashok Chavhan vs Sau. Poonam W/O Prashant… — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed; impugned order dated 15/09/2022 (Exhibit 16, Hindu Marriage Petition No. 02/2020) quashed and set aside; matter remitted to the learned Trial Court for fresh decision on Exhibit 16; parties to appear before Trial Court on 08/04/2025 and submit their says; Trial Court to obtain Assets and Liabilities affidavits from both parties as per Rajnesh vs. Neha, (2021) 2 SCC 324; petition and pending applications disposed of in the above terms.

Issue for consideration

Whether the maintenance order dated 15/09/2022 passed below Exhibit 16 in Hindu Marriage Petition No. 02/2020 should stand despite non-disclosure that the Respondent–Wife was already receiving maintenance under Section 125 CrPC and DV Act proceedings, or whether it is liable to be quashed and the parties given a fresh opportunity to submit their says.

Court's answer

Because maintenance had already been granted to the Respondent–Wife under Section 125 CrPC and DV Act proceedings and this fact was not disclosed or placed on record before the Trial Court, the impugned order dated 15/09/2022 (Exhibit 16, HMP No. 02/2020) is liable to be quashed and set aside, with opportunity to both parties to submit their says afresh.

Ratio / Principle

The matter is remitted back to the learned Trial Court for fresh decision on Exhibit 16, with both parties to appear before the Trial Court on 08/04/2025 and to be given opportunity to submit their says.

Key takeaways

The learned Trial Court is directed to obtain from both the parties the Assets and Liabilities affidavits as directed by the Hon'ble Apex Court in Rajnesh vs. Neha & another, (2021) 2 SCC 324.ratio¶40

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), M.S. Jawalkar, J., 24-03-2025 — WRIT PETITION NO. 4239/2024 (Prashant s/o Ashok Chavhan v. Sau. Poonam w/o Prashant Chavhan): The husband challenged the order dated 15/09/2022 passed below Exhibit 16 in Hindu Marriage Petition No. 02/2020 (Joint Civil Judge Senior Division, Pusad) granting maintenance of Rs. 8,000/- per month to the wife. Counsel for the wife admitted that maintenance already being paid under Section 125 CrPC proceedings and under the Protection of Women From Domestic Violence Act, 2005 proceedings had not been disclosed or placed on record before the Trial Court. Holding that non-disclosure rendered the impugned order unsustainable, the Court quashed and set aside the order, remitted Exhibit 16 for fresh decision, fixed the parties' appearance before the Trial Court on 08/04/2025, and directed the Trial Court to obtain Assets and Liabilities affidavits from both parties as directed by the Hon'ble Apex Court in Rajnesh vs. Neha & another, (2021) 2 SCC 324. Petition allowed and disposed of accordingly.

Judgment 1

24wp4239.24.odt

2025:BHC-NAG:3036

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4239/2024

Prashant S/o Ashok Chavhan , Aged about 34 years, Occ. Nil, R/o. Hiwalni (Talao), Tah. Pusad, District Yavatmal

…. PETITIONER(S)

// VERSUS //

Sau. Poonam W/o Prashant Chavhan, Aaged about 28 years, Occ. Business, R/o. Hiwalni (Talao), Post Adgaon, Tah. Pusad, District Yavatmal

…. RESPONDENT(S)

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

Shri C.R. Sharma, Adv a/w Ms. M.A. Deshkar, Adv for the Petitioner(s)

Shri A.S. Joshi, Advocate for the Respondent

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

CORAM : M.S. JAWALKAR, J.

MARCH 24, 2025

ORAL JUDGMENT :-

. The matter is taken up for final disposal at the stage of

admission with the consent of the parties.

..A..

Judgment 2

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(2) RULE. Rule made returnable forthwith.

(3) The Petitioner is challenging the order dated 15/09/2022 passed below Exhibit 16 in Hindu Marriage Petition No. 02/2020 by the learned Joint Civil Judge Senior Division, Pusad thereby granting maintenance of Rs. 8,000/- per month to the Respondent – Wife.

(4) It is contended that while passing this order, the learned Lower Court has not considered that already the maintenance is granted to the Wife in the proceedings under Section 125 of the Code of Criminal Procedure, 1973 as well as under the Protection of Women From Domestic Violence Act, 2005. This fact is not disclosed by the Wife to the Court and the Court passed the impugned order. In fact, even though the Petitioner – Husband was opposing and has not filed the say, it was incumbent on the part of the Respondent – Wife to disclose this fact. However, it is admitted by the learned Counsel for the Respondent – Wife that they have not placed on record the orders passed in the

..A..

Judgment 3 24wp4239.24.odt

proceedings under Section 125 of the CRPC and DV proceedings before the learned Trial Court.

(5) As such, in my considered opinion, the impugned order is liable to be quashed and set aside and it would be appropriate to grant opportunity to the Petitioner as well as the Respondent to submit their says.

(6) Hence, I proceed to pass following order:-

O R D E R

(a) The Writ Petition is allowed .

(b) The order dated 15/09/2022 passed below Exhibit 16 in Hindu Marriage Petition No. 02/2020 by the learned Joint Civil Judge Senior Division, Pusad, District Yavatmal is hereby quashed and set aside.

(c) The matter is remitted back to the learned Trial Court for fresh decision on Exhibit 16.

..A..

4 24wp4239.24.odt

Judgment

(d) The parties shall appear before the learned Trial

Court on 08/04/2025.

(e) The learned Trial Court is directed to grant opportunity to both the parties to submit their says. The learned Trial Court is also directed to obtain from both the parties the Assets and Liabilities’ affidavits as directed by the Hon’ble Apex Court in the case of Rajnesh vs. Neha &

. another, (2021) 2 SCC 324

The Petition stands disposed of in the above terms. Pending Application(s), if any, stand(s) disposed of .

(M.S. JAWALKAR, J.)

Signed by: A.P. ANSARI ..A.. Designation: PS To Honourable Judge Date: 26/03/2025 16:43:47