Bhushan Dattaram Gajare vs Bhavana Bhushan Gajare
2024 Latest Caselaw 14291 Bom

Bombay High Court

Bhushan Dattaram Gajare vs Bhavana Bhushan Gajare on 6 May, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

2024:BHC-AS:21293

                                                                       38-WP-2145-2024.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO.2145 OF 2024

                Bhushan Dattaram Gajare                                     ...Petitioner.
                       Versus
                Bhavana Bhushan Gajare                                      ...Respondent.

                                                ------------
                Adv. Jyotiram S. Yadav for the Petitioner.
                Adv. Mahesh Chitnis i/b M/s Chitnis Viathy & Co. for the Respondent.
                                                ------------


                                            Coram : Sharmila U. Deshmukh, J.

                                            Date      : May 6, 2024.

                P. C. :

1. Considering that the Trial Court while passing the impugned

order has failed to considered the voluminous documents which were

produced on record such as salary slip, bank statement along with

affidavit of disclosure of assets and liabilities of both the parties.

Learned counsel for the parties on instructions submit that the matter

be remanded to the Trial Court to be decided afresh within fixed time

frame.

2. Perusal of the impugned order, indicates that there is no

discussion in the order of the Trial Court on the documents which

were produced by the parties along with their affidavit of disclosure

of assets and liabilities. Elaborate guidelines laid down by the Apex

Harish 1 of 2 38-WP-2145-2024.doc

Court in the case of Rajnesh vs. Neha [AIR 2021 SUPREME COURT

569] as to the factors which are required to be considered while

determining the quantum of maintenance. The Trial Court's judgment

does not indicate any discussion or findings to support the quantum

of interim maintenance.

3. In light of the above, with consent of the parties, the

Application below Exhibit 5 is remanded to the Trial Court to be

decided afresh.

4. Considering that the issue of maintenance is in question, the

Trial Court is requested to decide the same expeditiously and in any

event, within a period of four weeks from the next date of hearing

which is stated to be 19th June, 2024. Both parties agree to co-operate

in adjudication of the Application for interim maintenance and not

seek any unnecessary adjournments.

5. Writ Petition is disposed of in the above terms.

                                                                             [Sharmila U. Deshmukh, J.]




                               Harish                              2 of 2
Signed by: Harish V. Chaudhari
Designation: PA To Honourable Judge
Date: 08/05/2024 11:53:06