(1) wp-9045-2025 & Anr..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR WRIT PETITION NO.9045 OF 2025 Smt. Shraddha Varun Shinde, Age: 37 years, Occu: Service, R/o: C/o Madan Shamrao Jadhav, 32/20, Tarabai Park, Near Hotel, Dhairyaprasad, Kolhapur. Current Address 101B, Ekaant Apartment, Near BJP Mukhalay, WINS Hospital Road, Nagala Park, Kolhapur – 416003. ..Petitioner Versus Shri. Varun Milind Shinde, Age: 38 years, Occu: Service, Through Power of Attorney Holder, Milind Nishakant Shinde, R/o.: 265, Narayan Peth, Mathura Apartment, Flat No.1, Near Vijay Talkies, Pune. ..Respondent … Mr. Abhijit Adagule a/w Ms. Ketaki Patil a/w Mr. Ketan Patil, Advocate for Petitioner. Mr. Sandeep M. Phatak a/w Mr. Adhik Kadam, Advocate for Respondent. … AND WRIT PETITION NO.13299 OF 2024 Varun Milind Shinde, Age: 38 years, Occu: Service, R/o.: 265, Narayan Peth, Mathura Apartment, Flat No.1, Near Vijay Talkies, Pune-411030 Through his Through Power of Attorney Holder, Milind Nishakant Shinde, ..Petitioner Versus Smt. Shraddha Varun Shinde, Age: 36 years, Occu: Service, R/o: C/o Madan Shamrao Jadhav, 32/20, Tarabai Park, Near Hotel, Dhairyaprasad, Kolhapur. ..Respondent … (2) wp-9045-2025 & Anr..odt Mr. Sandeep M. Phatak a/w Mr. Adhik Kadam, Advocate for Petitioner. Mr. Abhijit Adagule a/w Ms. Ketaki Patil a/w Mr. Ketan Patil, Advocate for Respondent. … CORAM : S. G. CHAPALGAONKAR, J. RESERVED ON : 03rd OCTOBER, 2025. PRONOUNCED ON : 16th OCTOBER, 2025. FINAL ORDER:- 1. The present Writ Petitions takes exception to order dated 25.07.2024 passed by Family Court, Kolhapur below Exhibit-39 in Petition No.A-103/2023, by which Family Court partly allowed application and directed husband to pay maintenance of Rs.30,000/- per month to his daughter Kum. Avani from date of application till decision of main petition. 2. The husband filed Writ Petition No.13299/2024 contending that excessive interim maintenance is awarded, whereas wife filed Writ Petition No.9045/2025 aggrieved by inadequacy of maintenance amount. 3. The marriage between Shraddha and Varun solemnized on 06.06.2015 at Kolhapur. Both are highly educated having completed post graduate eduction in USA. Out of matrimonial relations, they are blessed with daughter Kum. Avani. The matrimonial dispute arose between them. Resultantly, Shraddha shifted to India and residing at Kolhapur alongwith her daughter. She filed Petition No.A-103/2023 for decree of divorce on the ground of cruelty under Section 13(1)(ia) (3) wp-9045-2025 & Anr..odt of Hindu Marriage Act, before Family Court at Kolhapur. While petition for divorce is pending, she filed application below Exhibit-39 for maintenance of daughter from husband. The Family Court passed impugned order dated 25.07.2024, thereby partly allowing application Exhibit-39 and directed husband to pay maintenance of Rs.30,000/- per months as against claim of Rs.3,00,000/- per month. 4. Mr. Sandeep Phatak, learned Advocate appearing for husband submits that imaginary claim as regards to education expenses of daughter was raised in application Exhibit-39. The Family Court blindly accepted contentions raised in application and passed order granting excessive interim maintenance to daughter. He would submit that Family Court estimated expenses of school going daughter @ Rs.60,000/- per month and fixed liability of Rs.30,000/- on husband towards his share. 5. Per contra, Mr. Abhijit Adagule, learned Advocate appearing for wife would submit that it is primary responsibility of father to maintain daughter. Even in case of couple having independent earning, education expenses of children are to be proportionately borne by parents. The husband has earning of almost Rs.7,00,000/- per month, whereas wife had lesser earning. At present she earns Rs.1,60,000/- per month due to change of job. The daughter Avani is citizen of USA by virtue of her birth. In future she needs to move out of India for her education. The husband is liable to make arrangements for her future (4) wp-9045-2025 & Anr..odt expenses, but he did not place any material indicating such arrangements. Even he defaulted to pay meager maintenance of Rs.30,000/-. 6. Having considered submissions advanced by learned Advocates appearing for respective parties, it can be observed that in application at Exhibit-39 wife has provided estimate of expenses in paragraph no.16 as under: v- ua- rif’ky jDde #- 1- dq- vouh fgph Ldwy Qh (‘kkafrfudsru Ldwy] dksYgkiwj) 10]000@& izfr efguk 2- Vsful dksfpax Qh 2]500@& izfr efguk 3- MkUl Dykl Qh 1]500@& izfr efguk 4- laHkkO; ?kjHkkMs 15]000@& izfr efguk 5- Ldwy cl Qh 1]000@& izfr efguk 6- efMlhu 2]000@& izfr efguk 7- ?kjxqrh [kpZ 18]000@& izfr efguk 8- ‘kkys; lkfgR; [kpZ 1]000@& izfr efguk 9- esfMdy foek [kpZ 1]500@& izfr efguk 10- diMkyRrk [kpZ 1]000@& izfr efguk Hkfo”;krhy vankftr [kpZ 1- dq- vouhP;k yXuklkBh njegk cpr 10]000@& izfr efguk 2- f’k{k.k (;q- ,l- fon;kihBkrhy vaMj xzWT;q,sV izksxzWelkBh ,l-vk;-ih-) 2]00]000@& izfr efguk 3- deh tkLr gks.kkjh fdaer (ckyokMhP;k rqyusus Hkfo”;krhy mPp f’k{k.kklkBh tkLr [kpZ vkgs-) 23]333@& izfr efguk ,dw.k [kpZ 2]87]833@& izfr efguk 7. Presently Avani is taking primary education. Her school fees is stated to be Rs.10,000/- per month and allied expenses can be estimated to Rs.10,000/- per month for extra curricular activities. Apart from that, claim has been raised for house rent, future expenses for marriage and education. Apparently, when application is moved for (5) wp-9045-2025 & Anr..odt grant of interim maintenance under Section 24 of Hindu Marriage Act, estimation of present expenses for maintenance needs to be considered. The Family Court has rightly concluded that looking to the status of parents and their earning, daughter must have best possible facilities for education and allied expenses and share of husband is fixed @ Rs.30,000/- per month towards interim maintenance. This Court need not go into future expenses. 8. When husband has earning about Rs.7,00,000/- per month, there was no reason for him to challenge order granting interim maintenance to his daughter. Pertinently, Supreme Court in case of Rajnesh Vs. Neha and Another1 has observed in paragraph no.91 that “living expenses of child would include expenses for food, clothing, residence, medical expenses, education of children. Extra coaching classes or any other vocational training courses to complement basic education. Such amount should be reasonable and not overly extravagant amount which may be claimed.” It is further observed that “education expenses of children must be normally borne by father and if wife is working and earning sufficiently, expenses may be shared proportionately between parties.” 9. In that view of matter, estimation of interim maintenance of Rs.30,000/- per month from husband appears to be just and proper. 1 (2021) 2 SCC 324. (6) wp-9045-2025 & Anr..odt Even there is no justification for further enhancement in interim maintenance amount as claimed by wife. 10. In result, Writ Petitions stand dismissed. (S. G. CHAPALGAONKAR) JUDGE Devendra/October-2025