Thane: The Thane Sessions Court has rejected an application filed by an advocate against her husband, seeking an enhancement in interim maintenance from Rs 20,000 to Rs 1,70,000. While dismissing the appeal, the court held that the advocate failed to demonstrate that her needs could not be met within her salary, thereby justifying a requirement for interim maintenance of Rs 1,70,000. Refusing to interfere with the orders passed by the trial court, the appellate court dismissed the wife’s application.
“The appellant (wife) had filed a domestic violence (D.V.) proceeding seeking in 2023, various reliefs. Pending the proceeding, she filed an interim application, praying for interim maintenance. The quantum so adjudicated is not final. The interim maintenance amount of Rs 20,000 was allowed by the Magistrate court towards the wife. The appellant, as noted above, is an earning woman, receiving a salary of Rs 65,000 per month. In addition, the learned Magistrate awarded her Rs 20,000 per month. In short, the appellant would be receiving a sufficient amount to maintain herself in a dignified manner. The interim maintenance so awarded is for a limited period, pending the main case. Thus, instead of addressing all the contentions raised, in my view, the interim maintenance amount so awarded appears to be proper, just, and valid,” the appellant court held while rejecting the woman’s application.
According to the application, the wife, who is an advocate by profession, had filed a domestic violence case against her husband, a top official at the country’s largest digital payment service provider. She had appealed for an increase in the interim maintenance amount. The woman claimed that her estranged husband earns a salary of Rs 5 lakh per month, making her eligible for higher maintenance.
Her application stated: “The appellant barely manages to earn Rs 65,000 and cannot afford to secure a residence for herself. Ignoring all this material, the learned Magistrate, in the original application, erred in granting only Rs 20,000 per month as interim maintenance. The law is settled that the husband must provide the wife with an equal standard of living. At present, the husband resides in a rented premises with a monthly rent of Rs 55,000. Thus, the appellant prays that the appeal be allowed and that she be awarded Rs 1,70,000 per month in maintenance, along with Rs 30,000 for medical expenses and Rs 50,000 in litigation costs.”
However, the estranged husband opposed the appeal, stating, “The appellant is a working advocate employed at a well-known law firm, earning a salary of Rs 65,000 per month. She failed to justify why her needs could not be met within her salary, thereby necessitating interim maintenance of Rs1,70,000. Since no valid explanation was provided, the learned Magistrate did not grant the requested amount. Therefore, I pray for the dismissal of the appeal.”
The Sessions Court ultimately rejected the appeal but directed the respondent-husband to clear the pending dues owed to the appellant-wife.
