Sunil Shivaji Yedake v. Vidya Sunil Yedake

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11678 OF 2025 Mr. Sunil Shivaji Yadake

...Petitioner

Versus

Mrs. Vidya Sunil Yedake

...Respondent

Mr. Devendra Kuber, Advocate for Petitioner.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

16th October 2025 P.C.:

1.

Heard Mr. Kuber, learned Counsel appearing for the Petitioner.

2.

The challenge in this Writ Petition is to the Order dated 15th June 2024 passed by the learned Judge, Family Court No.-2 Pune below Exhibit-15 in Petition No.A-1277 of 2021. 3.

By the impugned Order, the learned Judge, Family Court No.2, Pune has directed payment of Rs.10,000/- per month to the Applicant and Rs.5,000/- per month to the child towards interim maintenance from the date of application i.e. 21st January 2020, till further Orders. Admittedly, not a single farthing has been paid

by the Petitioner to the wife for maintenance. The child is a son of 9 years. For last about more than 5 years, 8 months, the mother is single handedly maintaining the child. Even as per the case of the Petitioner, the mother is a housewife.

4.

One of the contention raised is that she has not filed Affidavit of Disclosure. However, admitted position is that she is the housewife as in the Marriage Petition filed by the present Petitioner i.e. the husband, it is specifically stated that the wife is a housewife. Thus, the said aspect does not have much relevance. 5.

The Respondent has come up with a case that the Petitioner is the Fabricator and the owner of building and he gets Rs.45,000/- as income. In the affidavit of Assets and Liabilities, the Petitioner has disclosed that there is family property i.e. 2 acres land at Chandannagar Pune and ancestral property at Killari. 6.

In any case, admitted position is that from 21st January 2020 nothing has been paid to the Respondents towards maintenance. 7.

Thus, the Petitioner is not entitled for grant of any relief under Article 227 of the Constitution of India. Accordingly, the

Writ Petition is dismissed with costs of Rs.10,000/- to be paid by the Petitioner to the Respondent.

8.

The Petitioner shall clear the arrears within three months and regularly pay the maintenance to the Respondent-wife and the child on or before 10th day of each month.

(MADHAV J. JAMDAR, J.)