Bombay High Court
MCA/305/2025 of MR. SHALIN TARUN SHAH Vs MRS. SHRUTI SHALIN SHAH on 16 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 305 OF 2025 Mr. Shalin Tarun Shah … Applicant vs. Mrs. Shruti Shalin Shah … Respondent Mr. V.V. Deshmukh for the Applicant. Ms. Sarah Kapadia, Ms. Anoushka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 305 OF 2025
Mr. Shalin Tarun Shah
… Applicant
vs.
Mrs. Shruti Shalin Shah
… Respondent
Mr. V.V. Deshmukh for the Applicant.
Ms. Sarah Kapadia, Ms. Anoushka Thangkhiew i/b. Vesta legal for the Respondent.
CORAM : GAURI GODSE, J.
DATED : 16th OCTOBER 2026
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ORDER:
1. Pursuant to the order dated 30th September 2026, learned counsel for the applicant submits that the amount of the monthly maintenance as per the order dated 24th November 2023 is already paid. So far as the directions issued in clause (2) of the operative order dated 24th November 2023 is concerned, he submits that there is a dispute on the quantum of amount to be paid towards tuition fees, medical expenses and educational expenses. He has tendered a copy of an application to issue a distress warrant filed by the respondent to recover the amount towards the expenses to be paid by the applicant, as directed in clause (2) of the operative order dated 24th November 2023 passed by the learned Magistrate in the varsha 3-mca-305-2025.doc proceedings under the Protection of Women from Domestic Violence Act, 2005 (‘D V ’). According to the learned counsel for the applicant the application to recover the amount is still pending.
2. Learned counsel for the respondent submits that the application is scheduled to be listed before the learned Magistrate on 4th November 2026.
3. I have perused the order dated 24th November 2023, which clearly directs the applicant to continue to pay the tuition fees, medical expenses and educational expenses of the child to the respondent.
4. It is the grievance made on behalf of the respondent that only to delay the proceedings before the D.V. Court, the present application for transfer was filed. She therefore submits that the applicant be directed to pay the cost towards the litigation charges of this matter.
5. Learned counsel for the applicant submits that the applicant has already applied for withdrawing the custody petition filed by him before the family court. He therefore submits that now the applicant would not press his prayer for transfer and he seeks leave to withdraw the miscellaneous civil application. Since, the grievance was made that the arrears for an amount of Rs. 2,85,000/- is not yet paid, the application was adjourned for the applicant to point out that there are no arrears. It was therefore directed that the order regarding payment of cost shall be considered on the next date.
6. Though the applicant submits that there are no arrears, clause (2) of the order dated 24th November 2023, is not complied with. According to the application filed by the respondent, the amount of approximately Rs. 2,85,000/- is still pending towards payment of expenses. Considering that the respondent is not working and the minor daughter residing with the respondent is suffering from Benign Epilepsy, the respondent has pressed for cost of the present litigation. Considering the facts and circumstances of the case, the applicant shall pay the cost of Rs. 1,00,000/- to the respondent towards the litigation cost of this miscellaneous civil application.
7. Leave to withdraw this miscellaneous civil application is granted.
8. The miscellaneous civil application is dismissed as withdrawn.
9. The applicant shall pay the cost of Rs. 1,00,000/- to the respondent within four weeks from today.
10. It is clarified that if the cost is not paid, the respondent would be at liberty to recover it, in the proceedings for recovery already initiated before the D.V. Court. (GAURI GODSE, J.)