9-WP-10584-2025 (C).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10584 OF 2025 Mamta Nitin Bajaj … Petitioner VERSUS Nitin Santkumar Bajaj … Respondent WITH WRIT PETITION NO. 695 OF 2025 Nitin Santkumar Bajaj … Petitioner VERSUS Mamta Nitin Bajaj Nee Mamta Dwarkaprasad Dhanuka … Respondent _________________________________________________________________ Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, Advocate for Petitioner in WP/10584/2025 and for Respondent in WP/695/2025. Mr. Nitin S. Bajaj, Respondent-in-person present. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 27th AUGUST, 2026. P.C. : 1. Heard learned counsel for the petitioner in W.P.No. 10584 of 2025 and for respondent in W.P. No. 695 of 2025. 2. Both the parties have challenged the order of maintenance passed by the Family Court. 3. Learned counsel for the petitioner/wife submits that matter be SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.08.28 14:40:48 +0530 9-WP-10584-2025 (C).doc S.S.Kilaje remanded to the Family Court for fresh hearing, as the petitioner/wife seeks to lead evidence in support of her case to show that income of the respondent/husband is higher than what has been stated by him. 4. Respondent/husband in person submits that wife is a Chartered Accountant and earns more than him and he is unable to pay the maintenance amount to the wife. Both the parties seeks to lead evidence in support of their case. Considering these facts, I pass following order : ORDER (i) Both the Petitions are partly allowed. (ii) The impugned order dated 29.08.2024 below Exhibit-19, passed by the Family Court is quashed and set aside. (iii) The matter is remanded to the Family Court for fresh hearing. (iv) The Family Court shall hear the maintenance application of the petitioner/wife afresh by giving an opportunity to both the parties to lead evidence in support of their case and decide the quantum of maintenance on its own merit. Till the decision of the maintenance application, the respondent /husband shall continue to pay maintenance of 9-WP-10584-2025 (C).doc S.S.Kilaje Rs.12,000/-, as directed earlier. (v) The Family Court shall expedite the hearing of maintenance application. (SHIVKUMAR DIGE, J.)