[Cites 3, Cited by 0]
Bombay High Court
Smt Komal W/O Gurudev Waghmare @ Komal ... vs Gurudev S/O Eknathji Waghmare on 27 March, 2026
2026:BHC-NAG:4940
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 1032/2025
Smt. Komal w/o Gurudev Waghmare,
@ Komal d/o Devidas Bhute,
Aged 23 yrs., Occ. Housewife,
R/o. C/o. D/o. Devidas Marotraoji Bhute,
Plot No.572, Badabhav Santajimut, Kamal
Chouk, Nagpur
...PETITIONER
VERSUS
Gurudev S/o Eknathji Waghmare,
Aged 33 yrs., Occ. Business,
R/o. Near Chamat Lawn, Waghmare
Kirana Shop, Kharbi, Post Wathoda,
Nagpur.
...RESPONDENT
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Mr. P. A. Dubey, Advocate for petitioner.
Mr. R.D. Dharmadhikari, Advocate for respondent-sole
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CORAM : M. M. NERLIKAR, J.
DATE : 27/03/2026
ORAL JUDGMENT :
Heard.
2. The Petitioner is the wife challenging the common
order below Exh. 19 in Criminal M.A. No.9/2025 and Exh. 07
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in Petition No. E-82/2024 dated 16/10/2025, wherein the
respondent No.1 husband, is directed to pay monthly interim
maintenance of Rs.7,000/- to the petitioner-wife from the date
of application i.e. 29/02/2024 till disposal of the petition.
3. Learned Counsel for the petitioner submits that The
petitioner has instituted two proceedings i.e. under Section 125
of the Code of Criminal Procedure as well as under Section 12
of the Protection of Women from Domestic Violence Act and the
Family Court has passed a common order granting interim
maintenance of Rs.7,000/- in both the proceedings. Though
the Court has observed that respondent husband is earning
Rs. 60,000/- to 70,000/- or more as the husband is having
sufficient sources of income, however, only Rs.7,000/- was
granted by the Family Court in both proceedings. He submits
that as per the income tax returns of the respondent, the total
annual income was shown as Rs.4,88,060/- for the year 2024-
2025. The respondent is having several lands, the documents
to that effect are already placed on record, therefore according
to him at least 25% of Rs.60,000/- to Rs.70,000/- ought to
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have been granted by the Trial Court. For that purpose, he
relied on the judgment of the Supreme Court in the case of
Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy,
(2017) 14 SCC 200.
4. On the other hand, the learned counsel appearing for
the respondent, by filing written submissions, submits that the
stage of interim maintenance is different from the passing of
the final order. The object of interim maintenance is limited
and specific i.e. it is to ensure that the aggrieved spouse is not
rendered destitute or subjected to undue financial hardship
during the pendency of the litigation. He submits that it is the
discretion of the Court while computing and granting the
interim maintenance. It does not crystallize any rights. The
rights would be crystallized only after full-fledged
inquiry/trial, therefore he submits that the respondent is
earning a meagre amount of Rs.30,000/- to Rs. 32,000/- his
mother is dependent on him. Whatever income sources, the
same has already been disclosed in his affidavit of assets and
liabilities. Considering the discretion exercised by the Trial
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Court, the High Court is not expected to interfere in the
discretion. He submits that petitioner-wife is an educated lady
and she cannot sit idle. He has relied on the judgment of the
Madhya Pradesh High Court in the case of S hikha Vs Avaneesh
Mahodaya, 2024 SCC Online MP 5791. Lastly, he submits that
considering the discretionary relief granted by the Family Court,
this Court may not interfere and accordingly he submits that
there is no merit in this case and the same deserves to be
dismissed.
5. I have heard the learned counsel for the petitioner as
well as the learned counsel for the respondent. After hearing
their submissions, it appears from the record that the
respondent-husband has placed on record his income tax return
for the year 2024-2025, which shows that his annual income is
Rs.4,88,060/-. It further appears that the Trial Court has come
to the prima facie conclusion that the respondent is earning
around Rs. 60,000/- to 70,000/- per month or more, however
the fact remains that the income tax return shows that he is
earning Rs. 4,88,060/- annually. Without going into all the
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contentions, the case can be considered on the basis of the
income tax returns for grant of interim maintenance. It is
further to be mentioned that unless and until full-fledged
inquiry/trial is conducted, the interim maintenance is granted
as a solace to the wife, as observed by the Rajasthan High
Court in the case of Divik Ostwal s/o. Virendra Kumar Vs
Ambika Jain w/o Divik Ostwal (S.B. Criminal Revision Petition
No.684/2025, decided on 03/02/2026) in paragraph Nos. 15,
16, 17 and 18 which are reproduced as under:-
"15. The grant of interim maintenance does not amount to
a final or conclusive determination either on the
entitlement of the wife to maintenance or on the quantum
thereof. The discretion exercised at the interim stage is
tentative, provisional and purely has conclusively
established her entitlement to maintenance, nor can it be
treated as a binding determination of the exact amount
that she may ultimately be entitled to receive. The purpose
of interim maintenance is limited and specific. It is to
ensure that the aggrieved spouse is not rendered destitute
or subjected to undue financial hardship during the
pendency of the litigation, which, by its very nature, may
take considerable time to reach its logical conclusion.
16. It is equally well settled that an order granting
interim maintenance does not partake the character of a
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determination of arrears, nor does it crystallize any vested
right in favour of either party. The amount so awarded is
merely a stop-gap arrangement, operative till the final
adjudication of the application under Section 12 of the
Domestic Violence Act. The Court, at this stage, does not
decide what the wife actually deserves, whether she
ultimately deserves maintenance at all, or what should be
the precise quantum of maintenance after a full-fledged
inquiry. These issues fall squarely within the scope of the
trial, where evidence is to be adduced, tested by cross-
examination, and subjected to critical judicial scrutiny by
the learned Trial Court.
17. The underlying object of interim maintenance is to
prevent immediate hardship and financial deprivation to
the claimant during the pendency of the proceedings. It is
not intended to confer any share in the income of the
husband, nor does it create any partnership or proprietary
interest in his earnings.
18. Maintenance, particularly interim maintenance, is a
measure of social justice, designed to ensure subsistence
and dignity, and not to equalize incomes or to punish one
party by imposing an onerous financial liability. The
quantum fixed at the interim stage is necessarily
approximate, based on a broad and prima facie assessment
of the status of the parties, the apparent earning capacity
of the husband, the needs of the wife, and other relevant
circumstances, including the fact that the custody of the
minor child in the present case is with the husband."
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6. In view of the above observations, by considering
income tax returns of the respondent-husband the interim
maintenance can be granted as Rs.10,000/- per month.
7. The learned counsel for the respondent-husband in all
fairness submitted that the respondent-husband would clear all
the arrears dues in four instalments i.e. from April to July
2026. The fairness of the learned counsel for the respondent-
husband is appreciated and the statement made is also
accepted. Hence, the following order:-
ORDER
(I) The petition is partly allowed.
(II) The common order passed by Family Court,
Nagpur No.2 in Petition Nos. Cri. M.A.09/2025 and E-
82/2024 dated 16/10/2025 is modified only to the
extent of granting maintenance of Rs. 7,000/- to
Rs.10,000/- per month.
( M. M. NERLIKAR , J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 27/03/2026 18:39:47
