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2026 DAILYLAW 10984 (BOM)

NILESH HANUMAN GUPTA v. GEETA NILESH GUPTA NEE. MS. GEETA HARISHCHANDRA GUPTA

WP/3133/2026 · 2026-09-22

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Judgment text

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7-WP-3133-2026 (C).doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3133 OF 2026 Nilesh Hanuman Gupta ...Petitioner/s VERSUS Geeta Nilesh Gupta Nee. Ms. Geeta Harishchandra Gupta ...Respondent/s _________________________________________________________________ Mr. Ashish Anand a/w. Shankar Parab a/w. Gauri Dhale a/w. Sohial Bombaywala, Advocate for the Petitioner. Mr.Abhijit Kadam a/w Ms. Dipali Bandre a/w. Tejas Bandre, Advocate for Respondent. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 22nd SEPTEMBER, 2026. P.C. : 1. Heard learned counsel for the Petitioner and Respondent. 2. The challenge in this Petition is the maintenance of Rs.15,000/- granted to the Respondent by the 5th Joint Civil Judge, Senior Division, Panvel (for short 'the Learned Court'). 3. It is contention of learned counsel for the Petitioner that Petitioner earns Rs.25,000/- per month. The Respondent is well qualified. She is mechanical engineer. But without considering this fact, the Learned Trial Court has granted Rs.15,000/- per moth maintenance to the Respondent, which is on higher side. The Petitioner is unable to pay Rs.15,000/- as he has no other source of income. The Petitioner works in VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2026.09.24 11:47:08 +0530 7-WP-3133-2026 (C).doc Tikam grocery shop of his father. The income of the father cannot be considered as income of the Petitioner and requested to allow the Petition. 4. It is contention of learned counsel for the Respondent-wife that the Petitioner runs grocery shop and he earns more than Rs.1,00,000/- per month. The bank statement of the Petitioner shows his income is more than Rs.25,000/-. At the time of filing maintenance application, Respondent was not in service. She needs the amount to maintain herself. Considering today's inflation rate, the amount of Rs.15,000/- is inadequate. The Learned Trial Court has passed well reasoned order and requested to dismiss the petition. 5. I have heard both learned counsel. Perused impugned order and documents produced on record. The Respondent is mechanical engineer. But she is not in service and she has no source of income. It is contention of learned counsel for the Petitioner that Petitioner works in grocery shop of his father and he earns around Rs.25,000/-. The Learned Trial Court has observed that the bank statement of the Petitioner shows that he is earning more than Rs.25,000/-. Considering today's inflation rate, awarding amount of Rs.15,000/- as maintenance to the Respondent- wife by the Learned Trial Court is appropriate and I do not find any infirmity in the impugned order passed by the Learned 5th Joint Civil Judge, Senior Division, Panvel. In view of above, I pass following order: 7-WP-3133-2026 (C).doc Tikam ORDER (i) Writ Petition is dismissed. (ii) The Trial Court shall expedite the proceedings. (iii) The Petitioner shall clear the arrears as early as possible, preferably within four weeks from receipt of this order. (iv) Writ Petition is disposed of accordingly. (SHIVKUMAR DIGE, J.)