The main legal point established is the independence of proceedings under different provisions for maintenance, the need to consider the current factual situation, and the factors to be considered in deciding the claim for maintenance as laid down by the Supreme Court.

1. Rule, returnable forthwith. Learned counsel appearing for the respondent waives service. The petition is heard finally.

2. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 24th February 2016 passed by the learned Judge of the Family Court No.2, Mumbai rejecting the application filed by the petitioner for seeking interim maintenance for herself and her daughter who is six years old.

3. The petitioner had earlier filed an application for maintenance under the provisions of Protection of Women from Domestic Violence Act, 2005. The same was decided by the Metropolitan Magistrate, 65th Court, Andheri, Mumbai on 7th October 2013 directing the respondent-husband to pay a sum of Rs.7,000/- per month for maintenance from 5th May 2011 till 27th December 2014 and an amount of Rs.3,600/- per month for minor daughter till she attains the age of majority and is married or until further orders. Both the parties had challenged the said order dated 7th October 2013 passed by the Metropolitan Magistrate before the Sessions Court.

4. By an order dated 30th January 2014, the learned Judge of the Sessions Court granted stay to the order dated 7th October 2013 until further orders upon depositing 50% of arrears of amount due towards the petitioner herein from the date of application to till date of the said order. The respondent was further directed to deposit 75% of arrears of amount due towards his daughter from the date of her birth i.e. 27th December 2011 to till date of the said order. The learned Sessions Judge made it clear that during the pendency of the appeal, the respondent herein to continue to make the payment of maintenance @Rs.6,000/- per month including the maintenance of daughter until further orders. Those proceedings were finally decided and the petitioner and her daughter have been granted maintenance of an amount of Rs.5,000/- per month.

5. Learned counsel for the petitioner submits that the respondent is employed and has been earning at least Rs.55,000/- per month as an income. He invited my attention to the affidavit dated 5th January 2016 filed by the respondent herein in Interim Application No.98 of 2015 and would submit that the respondent had shown his readiness and willingness to pay the Education Expenses of the child from the date of the application. In the said affidavit, the respondent undertook and was ready to pay the future Educational Expenses of the minor child from the date of the said application directly to the school against the receipt or the school diary till the disposal of the application for maintenance.

6. Learned counsel invited my attention to the reasons recorded by the Family Court in the impugned order and submits that interim application filed by the petitioner is rejected mainly on the ground that while disposing of the proceedings bearing Petition No.A-2273 of 2014, the Sessions Court had already granted an amount of Rs.6,000/- after application of judicial mind and had decided the quantum of maintenance and therefore, it would not be proper to again verify the needs of the respondent and her daughter and income of the petitioner. It is held that the amount of Rs.6,000/- per month as awarded by the Sessions Court was having regard to all the facts agitated by the parties before the family Court and thus no additional amount can be considered.

7. Learned counsel for the petitioner invited my attention to the order passed by the Sessions Court and would submit that while directing the respondent to pay an amount of Rs.6,000/- per month as and by way of maintenance for the petitioner herself and for her daughter, no reasons were recorded by the Sessions Court. He submits that in any event, the applications filed by the petitioner for maintenance under the provisions of Section 125 of the Code of Criminal Procedure as well as the Domestic Violence Act are independent proceedings.

8. Learned counsel for the petitioner fairly bro