Sagar Laxman Badhe v. Smt Poonam Sagar Badhe
Case brief
What is this about?
Sagar Laxman Badhe v. Poonam Sagar Badhe, Writ Petition No.488 of 2024, Bombay High Court, Madhav J. Jamdar, J., decided 13 February 2025. Keywords: Article 227 Constitution of India; interim monthly maintenance Rs.15,000/- each to wife and child; Exhibit-16; M.P. No.288 of 2021; 4th Joint Civil Judge Senior Division Pune; total loan Rs.1,60,19,509/- from different banks; assumed half-share Rs.80,00,000/-; bank loans as indicator of repayment capacity and higher income; Trial Court took a possible view; no interference; writ petition dismissed with no order as to costs. No precedents cited.
What did the court decide?
Even assuming the Petitioner personally took only about Rs.80,00,000/- (i.e., 50% of the total loans), the Trial Court's reasoning that a large loan sanctioned by a financial institution shows the borrower has capacity to repay and therefore has much more income would still apply.