Rohit Arun Suryagandha v. Lakshita Rohit Suryagandha

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13949 OF 2024 Rohit Arun Suryagandha

...Petitioner

Versus

Lakshita Rohit Suryagandha

...Respondent

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.08.08 22:24:21 +0530 ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Ms. Pooja Malik i/b Aditya Kharche, for the Petitioner. Mr. Manoj Sable, for the Respondent.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 07 AUGUST 2025 P.C.:

1.

Heard Ms. Pooja Malik, learned Counsel appearing for the Petitioner and Mr. Manoj Sable, learned Counsel appearing for the Respondent.

2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the Order dated 22nd June 2024 passed by the learned Judge, Family Court, Kolhapur below Exhibit-22 in Petition E 46/2022 ("impugned Order"). By the impugned Order, maintenance of Rs.6,000/- per month has been directed to be paid by the Petitioner i.e. husband to the Respondent-wife.

3.

It is the main contention of Ms. Pooja Malik, learned Counsel for the Petitioner that the salary of the Petitioner is only Rs.20,839/-. She submitted that the Petitioner has taken housing loan and he is paying

EMI for the same. She further submitted that if reasonable maintenance of Rs.4,000/- is granted, then the Petitioner is ready to pay the same. She submitted that at the rate of Rs.6,000/- per month the Petitioner has paid the maintenance upto December, 2024. 4.

On the other hand, Mr. Sable, learned Counsel for the Respondent submitted that reasonable maintenance has been granted of Rs.6,000/- per month and therefore no interference in the impugned Order is warranted.

5.

However, as the Petitioner is getting salary of Rs.20,839/- per month and he is also paying EMI for the housing loan, in the facts and circumstances, Rs.4,000/- per month is reasonable maintenance amount. However, the same shall be paid with effect from 1st January 2025.

6.

Accordingly, the Petitioner shall pay the said amount of Rs.4,000/- per month on or before the 15th day of each succeeding month. First such payment shall be made on or before 15th August 2025 that will be the maintenance for the month of July, 2025. The Petitioner shall pay maintenance of Rs.4,000/- per month regularly on or before the 15th day of each succeeding month. The Petitioner also states that arrears at the rate of Rs.4,000/- per month with effect from 1st January 2025 till 30th June 2025 will be paid within a period of 1 month from today.

7.

The Petitioner, who is personally present in Court states that the maintenance and arrears of maintenance as directed above will be paid as per the above schedule. The said statements made by the Petitioner, who is personally present in Court, are accepted as undertakings given to this Court.

8.

Accordingly, Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]