1 35-revn-70-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION NO. 70 OF 2026 Jay S/o Suresh Sadhwani Versus Vani W/o Jay Sadhwani and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R.Rawlani, Advocate for the applicant. Shri H.P.Lingayat, Advcoate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 8th OCTOBER, 2026. The applicant has approached this Court challenging the judgment dated 14.01.2026 passed by the learned Family Court, Nagpur in Petition No.E-375 of 2024, thereby granting maintenance of Rs.20,000/- to the non-applicant/wife and Rs.10,000/- to the non- applicant/child from the date of application till the disposal of the petition. 2. Shri Atul Rawlani, learned counsel submits that the Family Court, Nagpur has failed to take into consideration the non-applicant/wife’s educational qualification and that she was already earning her livelihood by engaging herself in some work. The wife has been able to successfully conceal the information from the learned SKNair 2 35-revn-70-26.odt Family Court by filing a false affidavit of assets, income and liability. Even the UPI transaction submitted by the non-applicant is connected with her mother’s account and not to her account. The non-applicant/wife has deliberately suppressed such information from the knowledge of the learned Family Court so as to obtain huge amount of maintenance from the applicant/husband. The learned Family Court, ignoring such a vital aspect of the matter granted an exorbitant maintenance of Rs.20,000/- to the non-applicant/wife and Rs.10,000/- the non-applicant no.2/child. The impugned order is unjust, illegal, arbitrary and calls for interference of this Court under its revisional jurisdiction. He, therefore, prays for quashing and setting aside of the impugned order. 3. Shri Rawlani, learned counsel further submits that applicant was willing and has given his consent for settlement of the matter. The applicant is also willing to reside together with the non-applicant/wife. The pursis to that effect is placed on record and it bears the signature of the applicant. The same is taken on record and marked ‘X’ for the purpose of identification. The learned counsel for the applicant further submits that non-applicant despite being highly qualified cannot sit idle SKNair 3 35-revn-70-26.odt only with an intention to seek maintenance from the applicant/husband. It is almost a settled law that the law does not appreciate the wife who remain idle to only saddle the liability of maintenance from husband by not working despite she being highly qualified as Bachelor of Architect. Thus, such vital aspect of the matter was not considered by the learned Family Court while allowing the application for interim maintenance and allowing the maintenance of Rs.20,000/- to the non-applicant/wife and Rs.10,000/- to the child is granted. 4. The learned counsel further submits that Family Court has failed to take into consideration the fact that applicant has suffered huge losses in his business and was without doing any work at the time when the affidavit of assets, liabilities and income was filed. Despite of noticing such fact from the affidavit of assets, liabilities and income filed by the applicant, the learned Family Court has gone ahead to grant exorbitant maintenance amount of Rs.20,000 to the non-applicant/wife and Rs.10,000/- to the non-applicant/child. The learned counsel for the applicant submits that the applicant is now working with Home Interior Solution and getting a salary of Rs.30,000/- per month. The applicant is ready to bear some of the expenses of the education of the child and is SKNair 4 35-revn-70-26.odt further ready to reside with the non-applicant/wife. This fact shall also be taken into consideration by the learned Family Court, while deciding the final maintenance application. The impugned order is therefore arbitrary and unreasonable and thus, liable to be quashed and set aside. 5. Shri Ligayat, learned counsel appearing on behalf of the non- applicant/wife strongly opposes the present application on the ground that the applicant has continuously make out the cruelty and harassment to the non-applicant/wife and living no other option but to live the life separately along with the child. The circumstances were created in which the applicant has to leave the matrimonial home along with the child. Rather, non-applicant wife was thrown out of the matrimonial home along with his children on account of some quarrel taken place between the applicant/husband’s family and non-applicant/wife. 6. Shri Ligayat, learned counsel further submits that main application for grant of maintenance and permanent alimony is still pending with the learned Family Court, wherein non-applicant/wife has made a claim of Rs.1,50,000/- towards the maintenance of the non- applicant/wife and the child. The interim application is decided only on a prima facie consideration led before the learned Family Court. The SKNair 5 35-revn-70-26.odt applicant husband’s family runs five major business in the City of Nagpur like Guru Harirai Sahib Plywood Centre at Jaripatka, Nagpur, Decent Interio at C.A.Road, Nagpur and Gurunanak Furniture at Jaripatka, Nagpur and other business. The applicant has purchase immovable property i.e. Shop No.2 at Plot No. 18 at Mouza Jaripatka bearing Sheet No. 09, City Survey No. 51, Ward No. 58, Corporation House No.917/A, Jaripatka Refugee Colony vide registered sale-deed dated 21.10.2020 wherein he is carrying business of M/s Sindh Provision and Decent Enterprises. The non-applicant/wife has also annexed the photograph of the shop. Thus, the entire information has been concealed in the affidavit of assets and liabilities filed by the applicant/husband. The applicant/husband has successfully able to conceal his income source and his family income which has led to the passing of order of meager amount of maintenance of Rs.20,000/- to the non-applicant/wife and Rs.10,000/- to the child and if aforesaid information brought to the knowledge of the learned Family Court, the learned Family Court could have granted some more maintenance amount. The impugned order is just and proper and does not call for any SKNair 6 35-revn-70-26.odt interference of this Court under its revisional jurisdiction. The revision may therefore be dismissed. 7. I have gone through the order dated 14.01.2026 passed by the learned Family Court, Nagpur as well as reply filed by the non- applicant/wife to the revision application and affidavit of assets and liabilities filed by the applicant/husband. The learned Family Court while deciding the interim maintenance application has taken into consideration the affidavit filed by the non-applicant/wife and the applicant/husband as per the judgment of Hon’ble Supreme Court in the case of Rajnesh Vs. Neha reported in 2021 (2) SCC 334 while calculating the quantum of the maintenance. The sale-deed produced by the non-applicant/wife on record is not mentioned in the affidavit of assets, income and liability. The learned Family Court has also taken into consideration the fact that the non-applicant/wife has left the matrimonial home along with her son and a reasonable maintenance would be required to meet both the ends. The fact of the gap of seven years from acquiring the qualification for doing the job and difficulty in getting a good job of maintaining standard of living of the non- applicant/wife is also taken into consideration by the learned Family SKNair 7 35-revn-70-26.odt Court, Nagpur before arriving at the quantum of Rs.20,000/- per month as maintenance to the non-applicant/wife and Rs.10,000/- to the non- applicant/child. The learned Family Court has also taken into consideration that the non-applicant No.1 has stated on oath that she does not have any source of income. The applicant/husband has also failed to place on record any earning source of income of the non- applicant/wife. The custody of the child Master Maan is with the mother and the mother is also required to bear the educational expenses of the child. Even though the applicant has made statement to bear the expenses of child since the non-applicant/wife living separately and has expressed her willingness to live separately as there were circumstances under which the non-applicant/wife was required to live separately, I do not see any error committed by the learned Family Court, Nagpur in arriving at the quantum of interim maintenance of Rs.20,000/- per month to the non-applicant/wife and Rs.10,000/- to the non-applicant/child. The main application filed by the non-applicant/wife claiming of Rs.1,50,000/- as maintenance for the wife as well as the child is still under consideration by the learned Family Court, Nagpur. The applicant has shown his bonafide by depositing an SKNair 8 35-revn-70-26.odt amount of Rs.2,00,000/- before this Court. It would be expedient in the interest of justice to direct the learned Family Court, Nagpur to decide the main application expeditiously. 8. Taking into consideration, the reasons stated by the learned Family Court, Nagpur for arriving at the quantum of Rs.20,000/- and Rs.10,000/- respectively to the non-applicant nos. 1 and 2, no case is made out for interference of this Court, the revision is therefore devoid of substance and is hereby dismissed. 9. Taking into consideration the bonafide shown by the applicant/husband, the learned Family Court is directed to decide the main application as expeditiously as and not beyond the period of six months from the date of receipt of this order. 10. Since, this Court has directed early disposal of the main proceedings, and the applicant has shown his bonafides by depositing of Rs.2,00,000/-. Till the disposal of the main application, the applicant shall pay the maintenance amount of Rs.25,000/- to the non-applicant nos. 1 and 2. The interim order dated 09.09.2026 stands vacated. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 12/10/2026 17:44:18