Sau. Priti Kantish Dhanvijay (Miss. Priti Shakarrao Chavhan, Maidan Name) vs Kantish Ramesh Dhanvijay — Bombay HC (2025) — LawSathi Research

Sau. Priti Kantish Dhanvijay (Miss. Priti Shakarrao Chavhan, Maidan Name) vs Kantish Ramesh Dhanvijay — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of the Family Court order dated 6.11.2023 enhancing the daughter's maintenance from Rs.5,000/- to Rs.15,000/- per month, payable by the respondent; the denial of interim maintenance to the petitioner left undisturbed; petition disposed of in these terms.

Issue for consideration

Whether the High Court should interfere with the Family Court's refusal of interim maintenance to the petitioner on the ground that she is gainfully employed and a salaried person. +1 more

Court's answer

The Court was not inclined to interfere, at this stage, with the finding recorded by the Family Court that the petitioner is salaried and earning; consequently the denial of interim maintenance to the petitioner was left undisturbed.

Ratio / Principle

The amount of Rs.5,000/- per month towards maintenance of the daughter appeared to be on the lower side; the Family Court order dated 6.11.2023 in Petition No.A-256 of 2021 (Interim Application No.491/2021) was modified to that extent, and the respondent was directed to pay Rs.15,000/- per month towards maintenance of the daughter.

Detailed headnote1 paragraphs

Interim maintenance - enhancement for minor daughter. An application before the Family Court, Nagpur in Petition No.A-256 of 2021 (Interim Application No.491/2021) seeking maintenance during pendency of proceedings was partly allowed: the Family Court, having recorded a finding that the petitioner is gainfully employed and a salaried person, declined interim maintenance to her but granted Rs.5,000/- per month towards the daughter's maintenance (order dated 6.11.2023). Hearing Writ Petition No. 5408/2024, the High Court of Judicature at Bombay, Nagpur Bench (Siddheshwar S. Thombre, J.) declined to interfere with the finding that the petitioner is salaried and earning, leaving the denial of interim maintenance to her undisturbed at this stage; however, holding the daughter's maintenance of Rs.5,000/- per month to be on the lower side, the Court modified the order dated 6.11.2023 to the extent of directing the respondent to pay Rs.15,000/- per month towards the daughter's maintenance, and disposed of the petition accordingly.

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

Writ Petition No. 5408/2024

Priti Kantish Dhanvijay Miss Priti Shankarrao Vs.Kantish Ramesh Dhanvijay

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr.Prachi Joshi, Advocate for petitioner. Mr. R.R.Bagde, Advocate for respondent.

CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 16-10-2025.

Heard Mr.Prachi Joshi, learned counsel for petitioner and Mr. R.R.Bagde, learned counsel for respondent.

The application was filed before the learned Family Court, Nagpur, seeking maintenance during the pendency of the proceedings. The petitioner had prayed for an amount of Rs.50,000/- per month for her and her daughter. The Family Court, after recording a finding that the petitioner is also gainfully employed and a salaried person, declined to grant interim maintenance to her. However, an amount of Rs.5,000/was granted towards maintenance of the daughter.

As regards the maintenance to the petitioner, in view of the fact that she is salaried and earning, I am not inclined to interfere with the finding recorded by the Family Court to that effect at this stage.

However, as far as the maintenance to the child is concerned, the amount of Rs.5,000/-per month appears to be on the lower side. Hence, the order dated 6.11.2023 passed by the Family Court, Nagpur in Petition No.A-256 of 2021 (Interim Application No.491/2021) is modified to that extent and the respondent is directed to pay Rs.15,000/- per month towards

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maintenance of the daughter.

The petition is disposed of in the aforesaid terms.

(Siddheshwar S. Thombre, J)

mukund ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 16/10/2025 20:15:01