The Bombay High Court has directed the Family Court at Pune to reconsider the amount of permanent alimony payable to a wife and monthly maintenance for the couple’s minor daughter, holding that the earlier assessment was made without sufficient evidence about the husband’s actual income and the wife’s financial needs.
A Division Bench of Justice Bharati Dangre and Justice Ashish S. Chavan passed the order on August 28, 2026, in Family Court Appeal No. 38 of 2026. The names of the parties are masked in the uploaded court order and have therefore not been reproduced here.
Background of the Case
The husband had challenged the directions of the Principal Judge, Family Court, Pune, issued on October 31, 2025. The Family Court had granted permanent alimony of ₹10 lakh to the wife and directed payment of ₹10,000 per month towards maintenance of the minor daughter from the date of filing of the petition until further orders.
The divorce itself was not challenged by the wife. The High Court noted that the marriage, solemnised on July 11, 2016, had been dissolved by the Family Court. The husband’s appeal was limited to the financial directions concerning alimony and child maintenance.
Court’s Observation
The High Court found that the Family Court had assumed that the husband earned ₹1 lakh per month because he was a skilled and qualified person. The Bench noted that this conclusion was not supported by evidence placed on record.
The Family Court’s judgment had recorded that the husband had worked in Germany and had later shifted to India. However, according to the High Court, there was no adequate evidence establishing his actual earnings or the wife’s financial requirements.
The Bench observed:
“the learned Judge has merely carried out a guess work without any evidence produced on record as to what is the earning of the husband and what is the need of the wife”
The High Court said the determination of permanent alimony should instead be based on the husband’s earnings and the wife’s needs, after considering Statements of Assets and Liabilities from both sides.
Decision
The High Court remanded the issue of permanent alimony and maintenance to the Family Court, Pune. It directed the Family Court to allow both parties to place appropriate evidence on record and decide the financial issues within six months.
Meanwhile, the husband must continue paying ₹10,000 per month towards the daughter’s maintenance. The wife was also directed to open an account in India and provide its details so that the monthly payments could be deposited.
The Family Court Appeal and Interim Application No. 2963 of 2026 were accordingly disposed of.
