1 13-wp-328-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 328 OF 2026 Masroor Shahid W/o Shahid Rizwan Khan and others Versus Dr. Shahid Rizwan Khan S/o Mohammad Ibrahim Khan WITH CRIMINAL WRIT PETITION NO. 636 OF 2025 Dr. Shahid Rizwan Khan S/o Mohammad Ibrahim Khan Versus Masroor Shahid W/o Shahid Rizwan Khan and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Writ Petition No. 328 of 2026 Ms. Moushmi Mohanto, Advocate h/f Shri Mohammed Ahfaz Qureshi, Advocate for the petitioners. Shri Arjun A. Sambre, Advocate for the respondent. Writ Petition No. 636 of 2025 Shri Arjun A. Sambre, Advocate for the petitioner. Ms. Moushmi Mohanto, Advocate h/f Shri Mohammed Ahfaz Qureshi, Advocate for the respondents. CORAM : MEHROZ K. PATHAN, J. DATED : 27th AUGUST, 2026. Both the writ petition challenging the order dated 07.05.2025 passed Below Exhibit 45 by the learned Family Court No.3, SKNair 2026:BHC-NAG:11403 2 13-wp-328-26.odt Nagpur in Petition Cri. M.A. No. 73 of 2018, thereby directing the petitioner as well as the respondent to bear the expenses incurred by the wife towards the coaching fees paid by her to Allan Institute Branch at Nagpur. Vide aforesaid impugned order dated 07.05.2025, both the respondent as well as petitioner was directed to bear the said expenses and the respondent/husband in Writ Petition No. 328 of 2026 is directed to pay amount of Rs.50,010/- within one month from the date of passing of the order i.e. 07.05.2025. 2. The learned counsel for the wife submits that it is wrongly recorded that the Petitioner is a practising Doctor. No material has been brought on record to establish that the Petitioner is a practicing Doctor. 3. On the other hand, the learned Counsel for the husband submits that the application under Section 127 Cr.P.C., filed in a petition already pending under Section 127 for enhancement of the maintenance amount, was not maintainable. Consequently, no order could have been passed directing the Husband to bear 50% of the expenses of the coaching institute. It is further submitted that the Petitioner/Wife did not consult the Respondent/Husband before admitting the ward into the SKNair 3 13-wp-328-26.odt coaching classes. Hence, the impugned order in his petition is liable to be quashed and set aside. 4. However after taking into consideration the welfare of the child and both the petitions for some time, the Respondent/Husband was directed to take instructions regarding payment of 50% of the tuition fees already borne by the Petitioner/Wife for admitting the child to the Allen Institute, Nagpur Branch. 5. After taking instructions from the husband, it is submitted by Shri Arjun Sambre, learned counsel for the husband submits that the husband is ready to pay 50% amount as directed by the Family Court No.3, Nagpur. However, he seeks four months time to pay the same. 6. Learned counsel for the petitioner strongly objects such installment on the ground that the impugned order was passed by the learned Family Court on 07.05.2025 which directed him to pay the same within a period of one month only. 7. I have gone through the impugned order dated 07.05.2025. A perusal of the same shows that the learned trial Court has taken into consideration the welfare of the child and has also noted that interim maintenance has already been granted to the Petitioner/Wife, which SKNair 4 13-wp-328-26.odt includes educational expenses. The objections that the present application was not maintainable under Section 127 of Cr.P.C. were also considered. However in the interest of child, the learned Family Court has directed that 50% of the tuition fees already paid by the Petitioner/Wife to Allan Institute Branch at Nagpur shall be paid equally by both the Petitioner and Respondent/Husband. I do not see any error or illegality committed by the Family Court in passing the impugned order. However, taking into consideration the voluntary statement made by the Husband that he is ready to deposit an amount of Rs.50,010/- if this Court permits him such amount to be paid through installments, I am inclined to pass the following orders : ORDER i. Both the writ petitions challenging the impugned order dated 07.05.2025 passed Below Exhibit 45 by the learned Family Court No.3, Nagpur in Petition Cri. M.A. No. 73 of 2018 are hereby dismissed. ii. However, respondent/husband is directed to pay an amount of Rs.50,010/- in three installments within a period of three months i.e. amount of Rs.16,670/- per month directly in the account of the SKNair 5 13-wp-328-26.odt petitioner/wife bearing Saving Account No. 3287351616, IFSC No. SBIN0005999. iii. The aforesaid order is passed only upon the voluntarily statement made by the respondent/husband to bear 50% expenses of the tuition fee paid by the petitioner/wife. The said statement is accepted as an undertaking to the Court. iv. Failure on the part of the respondent/husband to pay the aforesaid amount as undertaken by him within a period of three months, would result in appropriate action by this Court including the action under the Contempt of Courts Act. 12. At this stage, both the learned counsel submits that application for enhancement of the maintenance under Section 127 of the Code of Criminal Procedure is pending before the Family Court since 2018 and cross appeal is also filed by the respondent/husband is also pending. The learned Family Court, Nagpur is therefore directed to decide both the application for enhancement as well as cross appeal, expeditiously and not beyond the period of six months. 13. The parties are directed to co-operate with the Family Court, Nagpur for early disposal of the proceedings. SKNair 6 13-wp-328-26.odt 14. With these directions, both the writ petition stand disposed of. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 31/08/2026 18:34:08