SHILPA AMOL SHERKHANE Vs. AMOL SAMBHAJI SHERKHANE

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith and heard finally with the consent of the learned counsel for the parties.

(2.) This petition highlights the issue of a husband's entitlement to claim interim maintenance from his wife despite he being well qualified and capable of securing employment. The petitioner wife has sought indulgence of this Court under Article 227 of the Constitution of India by way of instant petition challenging the order dtd. 17/7/2025 passed by the Family Court, Nagpur directing her to pay maintenance pendente lite of Rs.5,000.00 per month along with litigation expenses of Rs.25,000.00.

(3.) The petition arises out of a matrimonial discord amongst the husband and wife who are contesting the matrimonial litigations of divorce petition, domestic violence proceedings and dispute about custody of their children. The challenge in the instant petition is to an order passed by the Family Court on an application under Sec. 24 of the Hindu Marriage Act, 1955 (for short, 'the Act of 1955') at Exhibit 15 in the proceedings for divorce which is registered as A-508 of 2020 filed by the husband. The petitioner and respondent were married on 19/2/2012 according to Hindu rites and customs. Disputes arose in the matrimonial life and in the year 2020, the husband filed the petition seeking dissolution of marriage alleging cruelty by the wife, in which both parties have levelled several allegations about cruelty and harassment against each other.