4-WP-6347-2025 (C).doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6347 OF 2025 Saumya Mathews ...Petitioner Versus Donald John Babu Chazoor ...Respondent ____________________________________________________________ Ms.Sarah Kapadia a/w Ms.Anoushka Thangkhiew i/b Vesta Legal, for the Petitioner. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 16th SEPTEMBER, 2026 P.C. : . By this Petition, the Petitioner is seeking enhancement of the maintenance of Rs.50,000/- per month granted to minor daughter towards educational expenses and extra curricular activities. 2. It is contention of learned counsel for the Petitioner that the Respondent earns Rs.11,25,000/- per month. The Petitioner is maintaining her minor daughter-Esme. The Petitioner is required to spend money on her educational expenses and extra-curricular expenses, and the Petitioner is unable to manage these expenses though the maintenance granted for her minor daughter. However, this fact has not been considered by the learned Judge and granted only Rs.50,000/- as maintenance to minor daughter. Hence, the maintenance amount be enhanced and direction be given to the NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.09.22 10:38:43 +0530 4-WP-6347-2025 (C).doc N.S.Kamble Respondent to pay educational expenses and extra curricular expenses of minor daughter-Esme from the date of filing of interim Maintenance Application and requested to allow the Application. 3. The Respondent had appeared and filed affidavit-in-reply. Thereafter, he did not turn up. Sufficient opportunities were given to the Respondent to argue the matter, but Respondent did not argue. Hence, I am deciding this Petition on the basis of affidavit-in-reply filed by the Respondent. 4. In affidavit-in-reply, the Respondent has stated that he does not own a single space and he is residing in a rented one BHK at Vashi. The Respondent has incurred medical expenses of the Petitioner. The Petitioner earns Rs.3 lakhs per month, so she has sufficient means to maintain the minor daughter. The learned Family Judge has passed well reasoned order and requested to dismiss the Petition. 5. I have heard learned counsel for the Applicant. Perused impugned order and documents produced on record. 6. The affidavit of assets and liabilities filed by the Respondent before the Family Court shows his income to be Rs.11,25,000/- per month, whereas the affidavit of assets and liabilities filed by the Petitioner shows her income to be Rs.3 laksh per month. The minor daughter is residing with the 4-WP-6347-2025 (C).doc N.S.Kamble Petitioner and is being maintained by her. Considering the evidence on record, the learned Judge has awarded Rs.50,000/- per month towards the maintenance of the minor daughter. 7. In my view, both the parents are earnings and, therefore, it is responsibility of both the parents to contribute towards the maintenance, education and extra curricular activities of their minor daughter. Considering the respective income of the parties and the fact that minor daughter is residing with the Petitioner, the Respondent is required to bear a proportionate share of expenses of the minor daughter. In my view, if Respondent is directed to bear 75% of educational and extra curricular expenses of the minor daughter and the Petitioner is directed to bear 25% of the said expenses, it would suffice, and I pass following order. ORDER (i) The Petition is partly allowed. (ii) The Respondent shall pay 75% of educational expenses and extra curricular expenses of minor daughter- Esme from year 2022, as at that time the minor daughter was in play school. (ii) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.)