Shilpa Amol Sherkhane vs Amol Sambhaji Sherkhane

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1612

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAFULLA S. KHUBALKAR
Shilpa Amol Sherkhane – Appellant
Versus
Amol Sambhaji Sherkhane – Respondent

Advocates Appeared:
For the Petitioner: Shri J.M. Gandhi, counsel
For the Respondent: Shri M.D. Janabandhu, counsel

Table of Content
1. husband's claim for interim maintenance despite qualifications. (Para 2 , 3 , 4)
2. arguments presented by petitioner and respondent. (Para 5 , 6)
3. context of litigation and employment status. (Para 8 , 9)
4. conditions required for claiming interim maintenance. (Para 10 , 11 , 12)
5. analysis of husband's entitlement and misuse of maintenance. (Para 13 , 14 , 15 , 16)
6. conclusion and order favoring the petitioner. (Para 17 , 18)

JUDGMENT :

Prafulla S. Khubalkar, J.

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 dated 17.07.2025 passed by the Family Court, Nagpur directing her to pay maintenance pendente lite of Rs.5,000/- per month along with litigation expenses of Rs.25,000/-.

3. The petition arises out of a matrimonial discord amongst the husband and wife who are contesting the

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