Laxmi Manik Gaikwad vs Manik Ranu Gaikwad and Ors. — Bombay HC (2025) — LawSathi Research

Laxmi Manik Gaikwad vs Manik Ranu Gaikwad and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Order dated 15th March 2024 (dismissing Exhibit-21) quashed and set aside; Exhibit-21 application partly allowed by consent: Respondent Nos.1 to 3 to pay the Petitioner maintenance of Rs.5,000/- per month w.e.f. 1st January 2025 (payable on or before the 10th of each month, first payment by 10th August 2025) and arrears for 1st January 2025 to 31st July 2025 within three months; trial court requested to dispose of Special Civil Suit No.115 of 2022 by 31st December 2026; payments without prejudice, merits expressly kept open; no order as to costs.

Issue for consideration

Whether the Writ Petition challenging the Order dated 15th March 2024 of the learned Civil Judge, Senior Division, Barshi dismissing the Petitioner's Exhibit-21 application for interim maintenance in Special Civil Suit No.115 of 2022 should be allowed, and on what interim maintenance terms.

Court's answer

By consent, Respondent Nos.1 to 3 shall pay maintenance of Rs.5,000/- per month to the Petitioner w.e.f. 1st January 2025, payable on or before the 10th day of each month, the first such payment on or before 10th August 2025.

Ratio / Principle

Arrears of maintenance from 1st January 2025 till 31st July 2025 shall be paid within a period of three months.

Key takeaways

In view of the peculiar facts and circumstances (Suit filed by the 63-year-old Petitioner against Respondent No.1-husband aged 75 years and Respondent Nos. 2 and 3, step sons), the learned Civil Judge, Senior Division, Barshi is requested to dispose of Special Civil Suit No.115 of 2022 on or before 31st December 2026.ratio¶19
The impugned Order dated 15th March 2024 passed by the learned Civil Judge, Senior Division, Barshi below Exhibit-21 in Special Civil Suit No. 115 of 2022 is quashed and set aside.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.) — Writ Petition No.9029 of 2024 disposed of by consent. The Court quashed and set aside the Order dated 15th March 2024 of the learned Civil Judge, Senior Division, Barshi (District-Solapur) dismissing the Petitioner's Application Exhibit-21 in Special Civil Suit No.115 of 2022, whereby the Petitioner (aged 63) had sought interim maintenance of Rs.15,000/- per month from Respondent No.1 (her husband, aged 75) and Respondent Nos. 2 and 3 (step sons) till disposal of the Suit; and partly allowed the Exhibit-21 application on consent terms: Respondent Nos.1 to 3 to pay maintenance of Rs.5,000/- per month w.e.f. 1st January 2025, on or before the 10th of each month (first payment by 10th August 2025), with arrears for 1st January 2025 to 31st July 2025 payable within three months. The trial court was requested to dispose of Special Civil Suit No.115 of 2022 on or before 31st December 2026. Payments are without prejudice to the rights and contentions of both parties; the Court expressly did not consider merits, keeping all contentions open. No order as to costs.

902 WP 9029.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9029 OF 2024

Laxmi Manik Gaikwad …Petitioner Versus Manik Ranu Gaikwad & Ors. …Respondents

Mr. Prasad Pradeep Kulkarni a/w Mr. Amol Kanaki and Mr. Nakul Shukla, Advocates for Petitioner.

Mr. Siddharth Shitole, Advocate for the Respondent Nos.1 to 3.

CORAM: MADHAV J. JAMDAR, J. DATED : 23^rd July 2025

P.C.:

Heard Mr. Kulkarni, learned Counsel appearing for the

Petitioner and Mr. Shitole, learned Counsel appearing for the Respondent Nos. 1 to 3.

The challenge in this Writ Petition is to the Order dated 15^th March 2024 passed by the learned Civil Judge, Senior Division, Barshi, District-Solapur, by which Application bearing Exhibit-21 filed in Special Civil Suit No.115 of 2022 has been dismissed. The said application has been filed by the Petitioner-Plaintiff seeking interim maintenance of Rs.15,000/- per month till the disposal of the said Special Civil Suit No. 115 pf 2022.

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902 WP 9029.24.DOC

Both the learned Counsel, on instructions, state that the following Order be passed, by consent of the parties :

( i ) The Respondent Nos.1 to 3 shall pay maintenance of Rs.5,000/- per month to the Petitioner w.e.f. 1^st January 2025. Such payment will be made on or before 10^th day of each month and first such payment will be made on or before 10^th August 2025.

( ii ) As far as arrears of maintenance from 1^st January 2025 till 31^st July 2025 is concerned, same shall be paid within a period of three months from today.

In view of peculiar facts and circumstances, as the Suit has been filed by the Petitioner seeking maintenance against the Respondents i.e. Respondent No.1- husband and Respondent Nos. 2 and 3 i.e. step sons and as the age of the Petitioner is 63 years and the age of the Respondent No.1 is 75 years, the learned Civil Judge, Senior Division, Barshi is requested to dispose of said Special Civil Suit No.115 of 2022 on or before 31^st December 2026.

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902 WP 9029.24.DOC

Accordingly, the impugned Order dated 15^th March 2024 passed by the learned Civil Judge, Senior Division, Barshi below Exhibit-21 in Special Civil Suit No. 115 of 2022 is quashed and set aside and the said Exhibit-21 application is partly allowed in above terms with consent of the parties.

It is made clear that the above payment of Rs.5,000/- per month is without prejudice to the rights and contentions of both the parties. It is further made clear that this Court has not considered the merits and all contentions on merits are expressly kept open.

The Writ Petition is disposed of in above terms, with no order as to costs.

(MADHAV J. JAMDAR, J.)

BHALCHANDRA GOPAL DUSANE

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2025.07.24 10:51:22 +0530

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