Subhash Mahesh Sharma vs State of Maharashtra and Anr. — Domestic Violence | Bombay HC (2026)

Subhash Mahesh Sharma vs State of Maharashtra and Anr. — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Both Writ Petitions disposed of; the maintenance component of the learned Chief Judicial Magistrate, Thane's order dated 31 January 2025 (below Exhibit 4 in PWDVA No.282 of 2018) set aside; the Exhibit 4 application to be decided afresh on its own merits to that extent within nine months; all contentions of the parties kept open.

Issue for consideration

Whether the direction in the Chief Judicial Magistrate, Thane's order requiring the Petitioners to pay maintenance of Rs.80,000/- per month to Respondent No.2 can stand, in view of the Family Court, Thane's order granting interim maintenance of Rs.70,000/- per month under section 24 of the Hindu Marriage Act, the Petitioners' challenge to which has been withdrawn. +1 more

Court's answer

Since the Petitioners have withdrawn their Petition against the Family Court's order granting maintenance at the rate of Rs.70,000/- per month, the order of the learned Chief Judicial Magistrate to the extent of grant of maintenance cannot be allowed to stand.

Ratio / Principle

The order of the learned Chief Judicial Magistrate to the extent of grant of maintenance is set aside.

Key takeaways

The learned Chief Judicial Magistrate shall decide the application at Exhibit 4 afresh, to the extent of grant of maintenance, on its own merits.ratio¶¶25
All the contentions of the parties are kept open.obiter¶¶29
The learned Chief Judicial Magistrate shall endeavour to decide PWDVA No.282 of 2018 within a period of nine months from the date of receipt of a copy of this order.obiter

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. — Writ Petitions Nos.4218 and 4181 of 2025 (disposed of, 21 April 2026): Both petitions challenged the common judgement and order dated 01.07.2025 of the Sessions Court, Thane in Appeals No.33 of 2025 and 38 of 2020, which had confirmed the order of the learned Chief Judicial Magistrate, Thane dated 31.01.2025 below Exhibit 4 in PWDVA No.282 of 2018 directing the petitioners to pay maintenance of Rs.80,000/- per month to Respondent No.2, restraining them from dispossessing Respondent No.1 from Flat No.602, Building No.11, Flower Valley Complex CHS, Eastern Express Highway, Thane, and from creating third-party interest in the flat. Observing that the Family Court, Thane had granted maintenance of Rs.70,000/- per month in the divorce proceeding (whose High Court stay fell away upon the petitioners withdrawing their challenge to that order on the day of hearing), the Court held that the Chief Judicial Magistrate's order to the extent of grant of maintenance could not be allowed to stand, set it aside to that extent, and directed the Chief Judicial Magistrate to decide the Exhibit 4 application afresh on its own merits, endeavouring to decide PWDVA No.282 of 2018 within nine months; all contentions were kept open.

1 904-WP 4181-25 @ connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4218 OF 2025

Basantidevi Maheshkumar Sharma & Anr.

… Petitioners

Vs.

The State of Maharashtra & Anr.

… Respondents

WITH

WRIT PETITION NO.4181 OF 2025

Mr. Ashok M. Saraogi for the Petitioner in WP No.4218 of 2025. Ms. Seema Sarnaik for the Petitioner in WP No.4181 of 2025. Mr. Vivek Joshi for Respondent No.2.

Ms. Sulbha Chipade, AGP a/w Mr. Ketan Joshi, 'B' Panel Counsel for the Respondent-State.

CORAM : N.R. BORKAR, J. DATE : 21ST APRIL 2026

P.C. :

Both these Petitions take exception to the Common Judgement and Order dated 01^st July 2025 passed by the Sessions Court, Thane in Appeals No.33 of 2025 and 38 of 2020.

By the impugned Judgement and Order, the Sessions Court has confirmed the order passed by the Learned Chief Judicial Magistrate, Thane dated 31^st January 2025 below Exhibit 4 in PWDVA No.282 of 2018, by which the Learned Chief Judicial Magistrate, Thane has directed the present Petitioners to pay the maintenance at the rate of Rs.80,000/per month to the Respondent No.2. In addition to it, the Learned Chief Judicial Magistrate has restrained the Petitioners from dispossessing the Respondent No.1 from Flat No.602, Building No.11, Flower Valley

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2 904-WP 4181-25 @ connected matters.doc

Complex CHS, Eastern Express Highway, Thane. The Petitioners are further directed not to create third party interest in respect of the said flat.

I have heard Learned Counsel for the Petitioners and Learned Counsel for the contesting Respondent and perused the order passed by the Learned Chief Judicial Magistrate.

The reason recorded by the Learned Chief Judicial Magistrate for grant of maintenance reads thus:

“30] It is not in dispute that in Divorce Proceeding before Family Court, Thane, the applicant had applied for grant of interim maintenance. The Hon’ble Family Court had granted the maintenance to the tune of Rs.70,000/- per month. However, as the respondent No.1 has challenged the said order before Hon’ble High Court, the Hon’ble High Court has stayed the order for grant of the maintenance under section 24 of Hindu Marriage Act. Thus, at present no order is in force for grant of maintenance in favour of applicant. Considering the circumstances shown by applicant, for her livelihood she is seems to be in a need of interim monetary relief under section 20 of D. V. Act i.e. separate monthly maintenance from respondent No.1.”

Today, the Petitioners have withdrawn the Petition which was filed agaisnt the order of Family Court granting maintenance at the rate of Rs.70,000/- per month. In that view of the matter, the order of Learned Chief Judicial Magistrate to the extent of grant of maintenance can not be allowed to stand.

The order of the Learned Chief Judicial Magistrate to the extent of grant of maintenance is therefore set aside.

The Learned Chief Judicial Magistrate shall decide the application at Exhibit 4 to that extent afresh on its own merits.

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All the contentions of the parties are kept open.

The Learned Chief Judicial Magistrate shall endeavour to decide PWDVA No.282 of 2018 within a period of nine months from the date of receipt of copy of this order.

The present Writ Petitions are disposed of in the aforesaid terms.

(N.R. BORKAR, J.)

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