Chandan Sunil Upadhya v. Ekta Chandan Upadhya

2025:BHC-AUG:32358 1 961

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 WRIT PETITION NO. 2758 OF 2025 CHANDAN SUNIL UPADHYA

VERSUS

EKTA CHANDAN UPADHYA ...

Advocate for the Petitioner : Mr. Shaikh Kayyum Najir Advocate for Respondent :

Mr. R. G. Nirmal h/f. Mr. Shailendra S. Gangakhedkar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 20.11.2025 PER COURT:

1.

Heard.

2.

The petitioner / husband challenges the order of maintenance directing him to pay maintenance of Rs.11,000/- per month to his wife / respondent from the date of filing of the application i.e. 03.06.2022. The learned counsel for the petitioner submits that the petitioner is not working any more and that he is living at the mercy of his relatives and his parents are old age and he also submits that the respondent / wife has taken education of BCA and MBA and the couple does not have any child. 3.

The trial court in consideration of the material has observed that the petitioner / husband has taken education upto B.Sc., MCA and claims that he has resigned from service and that he has not mentioned anything about his present lifestyle. His contention is that he is not working now and leaving with his parents and taking care of them. Respondent / wife is also education and she can take care of herself. The court on

2 961 considering the material has come to the conclusion that the petitioner was earning well and he is able bodied and an adult matured person working and earning well at the time of his marriage. He also has responsibility of maintaining the parents. His affidavit shows that he is staying in Pune in the rented premises and his rent is paid by near and dear ones. The court has prima facie found that the petitioner is Engineer and that he has not disclosed all the facts to the court as to how he is maintaining himself now.

4.

Considering the above, the court has come to the conclusion that he is earning Rs.70,000/- per month and, accordingly, he is directed to pay Rs.11,000/- per month as maintenance.

5.

The petitioner is hailing from Madhya Pradesh and staying in Pune in a rented premises and taking care of his parents would indicate that the petitioner is sustaining himself in a different place. His income prior to resignation was Rs.70,000/-. He has some source of income, which he has not disclosed. No case is made out for interference.

6.

The Writ Petition stands dismissed.

[ARUN R. PEDNEKER, J.] marathe