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Bombay High CourtWP/1843/2025disposed off

Dinesh Sudhir Mayekar v. Swara Dinesh Mayekar Nee Shilpa Dilip Rawool

2025-02-13Hon'Ble Shri Justice Madhav J. Jamdar2 pages

923-WP-1843-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1843 OF 2025 Dinesh Sudhir Mayekar

...Petitioner

Versus

Swara Dinesh Mayekar Nee Shilpa Dilip Rawool

...Respondent

_______________________________________________________________ Mr. Ashish Verhekar i/b Mr. Vijay Kisan Shelar, for the Petitioner. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 13 FEBRUARY 2025 P.C.:

1.

Heard Mr. Ashish Verhekar, learned Counsel appearing for the Petitioner.

2.

The challenge in this Writ Petition filed under Article 227 of the Constitution of India is to the Order dated 3rd June 2024 passed below Exhibit-11 in Interim Application No.115 of 2023 in Petition No.A-1953 of 2022 by the learned Principal Judge, Family Court, Mumbai. 3.

By the impugned Order, the learned Principal Judge, has directed payment of Rs.40,000/- per month to the Respondent towards the maintenance of the child. The learned Judge has discussed the income of the Petitioner in Paragraph No.6. The relevant part of the Paragraph No.6 is as under :- " 6. The petitioner filed his disclosure affidavit at Exh. 20. He affirmed his working with Accenture Company as Associate Manager. He has given his basic salary of Rs. 1,50,330/-. He also received Rs. 23,000/- towards HRA and Rs. 26,850/- towards personal allowance. He has given his monthly expenses of Rs. Vaibhav Page No. 1

923-WP-1843-2025.doc 15,000/-. At Exh. 21, the petitioner filed his form 16 for the Assessment Year 2021-22, 2022-23 and 202324. For the Assessment Year 2023-24, the gross salary appears Rs. 25,12,708/- and the income tax deducted is Rs. 4,78,580/-."

(Emphasis added) 4.

Considering that the age of the child is 7 years, the expenses required for eduction, medical and ancillary expenses and the income of the Petitioner, the monthly maintenance of Rs.40,000/- per month granted to the child is not unreasonable.

5.

Accordingly, no interference is warranted under the jurisdiction of this Court under Article 227 of the Constitution of India. 6.

The writ Petition is dismissed, however, with no order as to costs. [MADHAV J. JAMDAR, J.] Vaibhav Page No. 2