Bharati H. Dangre, J.

The present petition is filed by the petitioner challenging the order dated 22.06.2017 passed by the Family Court at Bandra below Exh-7 in petition No.A-1097/ 2015, thereby allowing the application and directing the petitioner to pay an amount of Rs. 25,000/- per month to the petitioner and Rs. 20,000/- per month each for both the children towards interim maintenance from the date of the filing of the application including the house rent. The petitioner is aggrieved by the said order and prays for quashing and setting aside the said order on the ground that the Family Court has exceeded its jurisdiction in passing the said order. A brief chronology of facts and events leading to the filing of present petition is culled out in the subsequent paragraphs.

2. The petitioner and the respondent belong to Islamic Alvi Bohra Community and were married on 16.10.1997. Out of the said marriage three children were born and one eldest son expired on 28.10.2014. The other two children are aged 14 and 13 years respectively.

The respondent-wife filed petition for divorce under the Dissolution of Muslim Marriage Act, 1939 seeking dissolution of the marriage, before the Family Court at Bandra on 15.04.2015 and invoked provisions of Section 2(viii)(a)(d) of the Dissolution of Muslim Marriage Act, 1939 and also prayed for custody of the children, maintenance and accommodation. The said prayer for divorce was opposed by the petitioner by filing written statement.

On the very same day when the proceedings were instituted for divorce, the respondent-wife moved an interim application seeking maintenance and accommodation and in the said application she reiterated the statements made in the petition and claimed an amount of maintenance for herself as well as two minor children, taking into consideration the earning capacity of the petitioner-husband and her requirements. The amount of Rs. 2 lakhs was claimed towards maintenance for herself and an amount of Rs. 1,50,000/- was claimed towards the maintenance of the children along with the cost of litigation. The petitioner filed his response to the said application on 23.04.2016 opposing the said claim.

The husband raised an objection by filing application under Order 7 Rule 11(a) of the Civil Procedure Code which came to be rejected by the Family Court by observing that the petition for dissolution of marriage cannot be dismissed in such a fashion. On 20th May 2016 the wife again filed an application for monthly maintenance for herself and her minor children which was marked as Exh.-34.

3. It is a specific case of the petitioner that he gave Talaq to the respondent on 29.03.2017 and since the wife herself was claiming divorce, he was under an impression that she would object to the same. The wife objected to the divorce granted by the petitioner and according to the petitioner she accepted the amount of Mehar and she returned the said amount only on 08.05.2017. According to the petitioner since, the wife herself had approached and filed the proceedings under the Dissolution of Muslim Marriage Act, she had no justification to oppose the said Talaknama dated 29.03.2017. The Family Court vide order dated 06.05.2017 passed a restrain order, restraining the petitioner for performing the second marriage. The petitioner moved an application for deciding the maintainability of the petition and also praying for framing preliminary issue of jurisdiction under Section 9A of the Civil Procedure Code. The learned Family Court by order dated 17.07.2017 ordered that the issues raised in the application would be added to other issues to be dealt by the Court.

On 09.06.2017 the respondent filed an application under Section 12, 18, 19, 20, 22 and 23 of the Domestic Violence Act, 2005 and prayed for the similar relief which she had prayed in the earlier application. On 22.06.2017 the Family Court passed an impugned order which is assailed in the present petition.

4. In support of the petition I ha