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2025 DAILYLAW 77443 (BOM)

NILESH MOHAN SHINDE v. PRITI NILESH SHINDE THROUGH ANIL NIVRUTTI BAGUL

WP/1179/2023 · 2025-12-24

Shri Siddheshwar Sundarrao Thombre

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

938-wp-10876-2022.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10876 OF 2022 WITH WRIT PETITION NO. 1179 OF 2023 Priti Nilesh Shinde VERSUS Nilesh Mohan Shinde ... Advocate for the Petitioner : Mr. Syed G.R. Advocate for Respondent : Mr. Karpe Rahul R. ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : DECEMBER 24, 2025 PER COURT:- 1. Heard learned counsel for respective parties. 2. In both these petitions, the husband and wife assails the order dated 25.04.2022 passed below Exhibit-16 by the learned Civil Judge, Senior Division, Shrirampur in H.M.P. No.33 of 2021. As far as challenge to the order of wife is concerned, she filed an application and claimed interim maintenance of Rs.20,000/- and the husband challenged the same on the ground that the interim maintenance of Rs.5,000/- which was granted by the learned Trial Court was exorbitant. 3. Having heard both the counsels in both the petitions, the record reveals that the husband-petitioner in Writ Petition No.1179 of 2025:BHC-AUG:37630 938-wp-10876-2022.odt (2) 2023 is serving in Excise Department and getting a handsome salary and wife is not having any source of income and daughter is also residing with the wife. 4. The learned Trial Court while considering the application for interim maintenance granted Rs.5,000/- per month towards to the wife. Though, on behalf of the wife it was specifically pointed out that the husband is getting a salary of Rs.60,000/- per month and while granting interim maintenance of Rs.5,000/- per month to the wife, the Trial Court recorded finding that the wife has not placed sufficient record to point out that the husband is getting that much salary and only Rs.5,000/- interim maintenance was granted. There is no dispute about the fact that the husband is working in Excise Department. Therefore, once the husband is in government service, no proof is required to prove that he is not getting a salary of Rs.60,000/- and husband had not denied the same. 5. In view of the fact that the husband is working in Excise Department and even if he is getting salary of Rs.60,000/- and only on the ground that the wife has not placed sufficient record to that effect, the Trial Court has granted interim maintenance of Rs.5,000/- per month which is very meager. 6. In view thereof, I am inclined to allow Writ Petition No.10876 of 2022 thereby granting enhanced interim maintenance of Rs.20,000/- to the wife. 938-wp-10876-2022.odt (3) 7. In view of the above, Writ Petition No.10876 of 2022 filed by wife is allowed and Writ Petition No.1179 of 2023 filed by husband is dismissed. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//