5-CP-243-2024 (C)(1).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9798 OF 2023 Samir Ganeshrao Dudhgaonkar ...Petitioner/s VERSUS Madhuri Samir Dudhgaonkar ...Respondent/s WITH CONTEMPT PETITION NO. 243 OF 2024 Madhuri Samir Dudhgaonkar ...Petitioner/s VERSUS Samir Ganeshrao Dudhgaonkar ...Respondent/s _________________________________________________________________ Ms. Seema Sarnaik, Senior Advocate a/w. Ms. Saima Shaikh, Mr. Vinod Sanghvikar, Mr. Shubham B. Choudhar and Mr. Nikhil Vijay Adkine, Advocate for Respondent in C.P. No. 243 of 2024 and for Petitioner in W.P. No 9798 of 2023. Ms. Sandhya Nanavare, Advocate for Petitioner in C.P. No. 243 of 2024 and for Respondent in W.P. No 9798 of 2023. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 24th SEPTEMBER, 2026. P.C. : 1. The challenge is this petition is to the impugned order passed by the Family Court, Thane, whereby the learned Judge has awarded maintenance of Rs.1 lakh to the respondent-wife and two daughters. 2. It is contention of learned counsel for the petitioner-husband that as per the affidavit of Assets and Liabilities filed by the husband, his SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.10.01 15:14:35 +0530 5-CP-243-2024 (C)(1).doc S.S.Kilaje annual income was Rs. 7 to 8 lakh. However, the learned Judge has assumed his monthly income not less than Rs.3 lakh on the basis of having drivers, fleet of cars and he stays in a posh area of Mumbai, which is erroneous. Learned counsel further submitted that the respondent-wife is a Bachelor of Engineering, but this fact has not been considered by the learned Judge and has awarded Rs.1 lakh per month as maintenance to the wife and the two daughters, which is on the higher side. Learned counsel further submitted that petitioner is paying society charges, maintenance charges and educational expenses. Learned counsel further submitted that the matter be remanded for fresh hearing as impugned order has been passed on the basis of assumed income of the petitioner and requested to allow his writ petition and dismiss the contempt petition. 3. It is contention of learned counsel for respondent-wife that petitioner-husband is from an affluent family. He has a strong political background. He has contested the Lok Sabha election as an independent candidate. He has agricultural land. He has completed his education in USA. He stays in a posh area of Mumbai and has luxurious cars. This shows that he has handsome monthly income. Though affidavit of Assets and Liabilities shows his income to be Rs.7 to 8 lakh, his actual income is in crores of rupees. The respondent-wife has no source of income, though she is a Bachelor of Engineering. She completed her engineering in the 5-CP-243-2024 (C)(1).doc S.S.Kilaje year 2002 and thereafter she has not joined any service. She is a housewife and is taking care of her two daughters. She is facing difficulty in maintaining herself and her two daughters. The learned Judge has passed a well-reasoned order. No interference is required in it and requested to dismiss petition. 4. I have heard both the learned counsel. Perused impugned order and documents produced on record. While passing the order, the learned Judge has observed that the petitioner-husband is born and brought up in a strong political background. His father and mother are pensioners. It is further observed that he has no dependents, except respondent-wife and the daughters. He has completed his Master’s degree in the USA. He is staying in a posh area of Mumbai. It can be inferred that petitioner- husband has driver and owns luxurious cars. On this basis, his monthly income is presumed to be not less than Rs.3 lakh. The wife and her daughters have the right to enjoy the same standard of living as the petitioner enjoys. On that ground, the learned Judge has awarded maintenance of Rs.60,000/-per month to wife and Rs.20,000/- per month to each of the daughters, totaling Rs.1 lakh per month. 5. In my view, the learned Judge has passed the order on the basis of assumption. The determination of income ought to be based on evidence. Considering this fact, I find it a fit case to remand the matter 5-CP-243-2024 (C)(1).doc S.S.Kilaje for fresh hearing, till decision of the maintenance application. The petitioner shall pay Rs.75,000/- per month to the wife and two daughters and shall bear the educational expenses and society maintenance charges. On the basis of evidence produced on record, the learned Judge shall decide the quantum of maintenance afresh. The learned counsel for the petitioner-husband submitted that this amount will be paid without prejudice to the rights of the petitioner. In view of above, I pass following order. ORDER (i) Writ Petition No. 9798 of 2023 is partly allowed. (ii) The impugned order passed below Exhibits-27 and 31 is quashed and set aside. (iii) The matter is remanded back for fresh hearing on Exhibits- 27 and 31. (iv) Both the parties shall file fresh affidavits of Assets and Liabilities. (v) Petitioner-husband shall pay Rs.75,000/- per month to respondent- wife and the two daughters and shall also pay educational expenses and society charges. (vi) This order is without prejudice to the rights of the petitioner-husband. The learned Judge shall decide the 5-CP-243-2024 (C)(1).doc S.S.Kilaje quantum of maintenance afresh on the basis of evidence produced on record. (vii) The learned Family Court is requested to decide Exhibits-27 and 31 as early as possible, preferably within six months from the date of receipt of this order. (viii) The Contempt Petition No. 243 of 2024 is accordingly disposed of. (SHIVKUMAR DIGE, J.)