Abhishek Om Prakash Bhargava v. Sapna Abhishek Bhargava

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17644 OF 2024 Abhishek Om Prakash Bhargava

...Petitioner

Versus

Sapna Abhishek Bhargava

...Respondent

Mr. Anirudha Joshi a/w Kanchan Singh, Advocate for Petitioner. Mr. Balasaheb Ligade, Advocate for Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

8th April 2025 P.C.:

1.

Heard Mr. Anirudha Joshi, learned Counsel for the Petitioner and Mr. Ligade, learned Counsel 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 10th September 2024 passed by the learned Judge, Family Court, Pune below Exhibit 7.

3.

By the impugned Order, the maintenance of Rs.50,000/- per month has been granted to the son from the date of the application i.e. 7th October 2022.

4.

Perusal of record shows that the marriage between the Petitioner and the Respondent was solemnized on 9th November 2008. The Petitioner and the Respondent has a son, who was born on 7th March 2012. Admittedly the parties are staying separate since September 2021 and since then the Respondent- mother is singlehandedly maintaining the son.

5.

It is also admitted position that the Respondent in her application has specifically stated that she is working and maintaining herself. She is getting salary of Rs.2,19,000/- and additional income of house rent allowance of Rs.29,000/-. Thus the application has been filed seeking maintenance for minor son. The minor son is aged 13 years. For last about 4 years, the mother is maintaining the son.

6.

In the impugned Order, it is specifically observed that the Petitioner's salary is Rs.4,41,466/-. Although the Petitioner has produced alongwith list of documents dated 11th June 2024, his affidavit of information regarding assets and liabilities, salary slip, I.T.R. and expenses and although the other documents are annexed to the Writ Petition, the salary slip is not annexed.

7.

The learned Family Court has observed that as per salary slip, the gross salary of the Petitioner is Rs.4,41,466/-. Accordingly, Rs.50,000/- as maintenance granted to the son is reasonable. 8.

No interference in the impugned Order under the writ jurisdiction of this Court is warranted. Accordingly, the Writ Petition is dismissed, however, with no order as to costs. BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.04.09 18:44:25 +0530