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The magistrate court awarded interim maintenance of Rs. 50000 per month to the wife under the Domestic Violence Act. The court noted that the husband did not bring any material to show that he had suffered a business loss.
Judge Rajput Komalsingh of the Mumbai Court at Bandra has recently awarded Rs. 50000 interim maintenance to a wife including maintenance for her three dogs under the Protection of Women from Domestic Violence Act, 2005 while observing that pets are necessary for human beings as they fulfil the emotional deficit
"I am not agree with these submissions, the pets are also part and parcel of descent lifestyle. Pets are necessary for human beings to lead healthy life as they fulfill the emotional deficit occurred on account of broken relationships. Therefore, this can not be ground to mitigate the maintenance amount," the court observed.
The magistrate court was hearing a case involving a 55-year-old woman who had filed a plea under Section 12 of the Domestic Violence Act. The couple had been married since 1986 and had daughters residing abroad. However, disagreements arose between them in 2021. The husband sent the wife to Mumbai and assured her that he would provide financial support, but he failed to fulfil this promise.
The wife alleged that she had experienced domestic violence during their marriage and had no source of income. Additionally, she stated that she was responsible for caring for three dependent dogs.
In his defence, the husband claimed that the wife had voluntarily left the house without any fault on his part. He further argued that he had suffered financial losses in his business, making it difficult for him to provide maintenance.
In its order, the court acknowledged that the evidence presented by the husband did not demonstrate any grounds to exempt him from paying maintenance. There were admitted facts that constituted economic violence, as established by the materials submitted.
Furthermore, the court noted that the husband had failed to provide any evidence supporting his claim of business losses.
The magistrate court also observed that parties belonged to a good financial background and therefore maintenance should be granted.
"The parties belonged to good financial back ground, the maintenance must be granted and that too with a lifestyle and requirements suitable to her," the court observed.
The court then awarded monthly interim maintenance of Rs. 50000 to the wife. The husband was directed to pay the said amount from the date of application till the decision of the main application.
Case title: ABC vs XYZ
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