WARSHA @ ELEEKUSUMCHAND JAVERI vs RAJAN SUREN GOREGAONKAR AND ORS.

Judgment text excerpt

1 FCA 74-23 J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 74 of 2023 Warsha @ Eleekusumchand Javeri, Hindu Indian Inhabitant, Aged 62 yrs, residing at Ground floor, Kamal .. Appellant Niketan, Off. Narayan Dabholkar Rd, Mumbai 400006. Versus 1. Rajan Suren Goregaonkar, Hindu Inhabitant, Aged 56 yrs, residing at Radha Niwas, 3rd floor, H. Goregonkar Road, Gamdevi, Mumbai 400007. 2. Sachin Suren Goregaonkar, Indian Inhabitant, aged 51 years, residing at .. Respondents Radha Niwas, 3rd floor, Goregaonkar Road, Gamdevi, Mumbai 400007. 3. Shobhan Pradhan, Indian Inhabitant, aged 81 yrs, residing at Kala Niketan, 5th floor, 95, Maharshi Karve Road, Mumbai 400020. … Mrs.Deepa Chawan, Sr. Advocate appointed as amicus curiae with Mr. Ravindra R. Chile for the Appellant. Dr.Pradip Chavan with Ms Shweta Borhade i/b Pradip Chavan and Associates for the respondent. Ms Warsha @ Eleekusumchand Javeri- Appellant in person is present. CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED : 6th May, 2026 Tilak 2 FCA 74-23 J.doc JUDGMENT (Per Bharati Dangre, J):- 1. The Appeal raises a specific question of law which was formulated by our order dated 16/1/2026 to the following effect:- (1) Whether a Decree could be enforced against the estate of the late husband, by a divorcee wife, when a liability to pay a sum of monthly maintenance to the wife, is provided under the Decree is of divorce? 2) Whether the right to seek enhancement of permanent maintenance can be enforced against the estate of the late husband? 2. The above questions arise in the facts which are crystallised in the factual narration as set out hereinafter:- (a) The appellant Warsha @ Eleekusumchand Javeri was married to Naren Goregaonkar under the Special Marriage Act,