Santosh S/O. Ganeshprasad Tiwari v. Sarita W/O. Santosh Tiwari

Bombay HC4 Apr 2025WP/5146/2024

Case brief

AI extract

What is this about?

Interim maintenance — affidavit of assets and liabilities — Rajnesh v. Neha, (2021) 2 SCC 324 — BSF pension — Family Court Nagpur — Petition No. E-148/2015 Exhibit-31 — Petition No. A-11/2020 Exhibit-19 — common order dated 05.04.2024 quashed — maintenance application to be heard afresh — Writ Petition No. 5146 of 2024 — disposed of.

What did the court decide?

Writ petition disposed of: the common order dated 05.04.2024 (below Exhibit-31 in Petition No. E-148/2015 and below Exhibit-19 in Petition No. A-11/2020) quashed and set aside; petitioner to file affidavit of assets and liabilities before the Trial Court on 11.04.2025; Family Court-2, Nagpur to reconsider and hear afresh the interim maintenance application and pass an appropriate order after hearing both parties. ¶closing

Santosh S/O. Ganeshprasad Tiwari Vs Sarita W/O. Santosh Tiwari — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶closing

Issue for consideration

Whether the petitioner should be required to place on record an affidavit of assets and liabilities and whether the interim maintenance fixed by the Family Court (Rs.10,000/- per month on an assumed pension of Rs.40,000/-) should be reconsidered, given his contention that he receives a pension of Rs.25,975/- per month.

¶2

Court's answer

It is appropriate to direct the petitioner to place on record an affidavit of assets and liabilities in view of the Apex Court judgment in Rajnesh Vs. Neha & Anr., (2021) 2 SCC 324.

¶2

Ratio / Principle

The learned Family Judge-2, Nagpur to reconsider and hear afresh the application for grant of interim maintenance.

¶2 (contd.)

Key takeaways

The common order dated 05.04.2024 passed below Exhibit-31 in Petition No. E-148/2015 and below Exhibit-19 in Petition No. A-11/2020 is quashed and set aside.ratio¶4
The learned Family Court-2, Nagpur is directed to consider the affidavit and, after granting due opportunity of hearing to both the parties, pass an appropriate order on the application of interim maintenance.ratio¶5

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Smt. M.S. Jawalkar, J.), Writ Petition No. 5146 of 2024 — Santosh s/o Ganeshprasad Tiwari v. Sarita w/o Santosh Tiwari (decided 04.04.2025). The common order dated 05.04.2024 of the Family Court, Nagpur passing interim maintenance of Rs.10,000/- per month below Exhibit-31 in Petition No. E-148/2015 and below Exhibit-19 in Petition No. A-11/2020 — arrived at by assuming a pension of Rs.40,000/- (petitioner serving in BSF) although he claimed to receive Rs.25,975/- per month — was quashed and set aside. In view of the Supreme Court judgment in Rajnesh v. Neha, (2021) 2 SCC 324, the petitioner was directed to file an affidavit of assets and liabilities before the trial court on 11.04.2025, and Family Court-2, Nagpur was directed to reconsider and hear afresh the interim maintenance application and pass an appropriate order after granting both parties an opportunity of hearing. Writ petition disposed of in the above terms.

¶1

2025:BHC-NAG:3528

¶2

1 913-WP No.5146.2024

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶4

WRIT PETITION NO. 5146 OF 2024

¶5

Shri Santosh S/o. Ganeshprasad Tiwari ..VS..

¶6

Sau. Sarita W/o. Santosh Tiwari

¶7

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶8

Mr. Vilas Dongre, Advocate for petitioner. Mr. Raju Kadu, Advocate for respondent.

¶9

CORAM : SMT. M.S. JAWALKAR, J. DATED : 04th APRIL, 2025

¶10

Heard learned Counsel for the petitioner and learned Counsel for the respondent.

¶11

The main grievance in this petition is that the learned Family Court No.3, Nagpur directed the petitioner to pay interim maintenance @ Rs.10,000/per month assuming the pension of the petitioner is of Rs.40,000/-, because he was serving in BSF. However, contention of the petitioner is that he is receiving the pension @ Rs.25,975/- per month. As such, it would be appropriate to direct the petitioner to place on record an affidavit of assets and liabilities in view of the Judgment of the Hon’ble Apex Court in Rajnesh Vs. Neha & Anr. , reported in (2021) 2 SCC 324 . The learned Family Judge-2, Nagpur to

¶12

2 913-WP No.5146.2024

¶13

reconsider and hear afresh the application for grant of interim maintenance.

¶14

Learned Counsel for the petitioner undertakes on instructions that the petitioner shall file the affidavit of assets and liabilities before the learned Trial Court on 11.04.2025, on which date the matter is fixed for evidence.

¶15

The common order dated 05.04.2024 passed below Exhibit-31 in Petition No. E-148/2015 and below Exhibit-19 in Petition No. A-11/2020 is hereby quashed and set aside.

¶16

The learned Family Court-2, Nagpur is hereby directed to consider the affidavit and then after granting due opportunity of hearing to both the parties, appropriate order be passed on the application of interim maintenance.

¶17

The Writ Petition stands disposed of in the above terms.

¶18

(SMT. M.S. JAWALKAR, J.)

¶19

Kirtak

Santosh S/O. Ganeshprasad Tiwari v. Sarita W/O. Santosh Tiwari

Case brief

What is this about?

What did the court decide?

Santosh S/O. Ganeshprasad Tiwari v. Sarita W/O. Santosh Tiwari

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sau. Indirabai Ashok Wankhade vs Additional Commissioner, Amravati Division, Amravati and Others

M/S Mohota Industries Ltd, Hinganghat, Thr. Its Authorised Representative Shri. Pradeep Harne vs Smt. Vibha W/O Mayank Agarwal

Sanjay S/O. Prabhakar Tute and Others vs Sanjay S/O. Golaji Jadhav and Another

Prem S/O. Ashok Tahilramani vs Smt. Mayadevi Wd/O. Late Lalchand Moryani

M/S Mohota Industries Ltd, Hinganghat, Thr. Its Authorised Representative Shri. Pradeep Harne vs Smt. Vibha W/O Mayank Agarwal

Vishnu Shankarrao Gaikwad and Others vs Anand S/O. Sadashiv Meghe and Ors.