Umesh Rajkumar Sharma v. Sita Umesh Sharma

Bombay HC20 Apr 2026IA/1453/2026

Case brief

AI extract

What is this about?

Interim maintenance; Hindu Marriage Petition; withdrawal of marriage petition by pursis simpliciter; non-vacatur of interim maintenance order; enforcement of maintenance against husband/judgment debtor; objections to execution rejected; Civil Judge Senior Division Vadgaon-Maval; order dated 25.04.2024; cohabitation and subsequent estrangement; Writ Petition No. 11395 of 2025; Interim Application No. 1453 of 2026; Bombay High Court 2026; N. J. Jamadar, J.; Umesh Rajkumar Sharma v. Sita Umesh Sharma; writ petition and IA dismissed.

What did the court decide?

The interim order of maintenance was not vacated by the withdrawal of the marriage petition; the position still obtains, and till the said order remains in force the petitioner is bound to comply with it. ¶¶20

Umesh Rajkumar Sharma vs Sita Umesh Sharma — Bombay HC (2026) — LawSathi Research

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2026:BHC-AS:18903

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9 IA 1453-26.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1453 OF 2026

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WRIT PETITION NO. 11395 OF 2025

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Umesh Rajkumar Sharma ..Applicant/ Petitioner

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Versus Sita Umesh Sharma …Respondent

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Mr. Vishal Dushing (through VC) a/w Mr. Vaibhav Salvi, Mr. Ashwet Bhoir, for the Applicant/Petitioner.

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CORAM : N. J. JAMADAR, J. DATE : 20^th APRIL 2026

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P.C.:

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Heard the learned Counsel for the Petitioner.

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The challenge in this petition is to an order dated 25^th April, 2024 passed by the learned Civil Judge, Senior Division, Vadgaon-Maval, whereby the objections raised by the petitioner - judgment debtor to the execution of an order of interim maintenance, came to be rejected.

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The trial Court has granted interim maintenance in a Hindu Marriage Petition instituted by the petitioner for dissolution of the marriage. However, when the parties had agreed to co-habit together, and the petitioner had sought permission to withdraw the said marriage petition, the trial Court had permitted the petitioner to withdraw the marriage

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SAINATH, PA 1/2

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9 IA 1453-26.DOC

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petition. At that time, the trial Court had rejected the prayer of the respondent – wife, to enforce the order of interim maintenance.

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It appears that, the petitioner and respondent did cohabit for a while, and, thereafter, they have again turned astray leading to the filing of prosecution and further proceedings.

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In the impugned order, the learned Civil Judge has noted that, while rejecting the application filed by the respondent – wife to enforce the order of interim maintenance, the Court had then explicitly observed that, by filing a pursis for withdrawal of the marriage petition simpliciter, the interim order of maintenance, cannot be said to have been vacated.

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