The amount of maintenance is to be decided on merit after leading evidence, and the provision for interim maintenance prompted the Court to fix the amount.

JUDGMENT

Bharati H. Dangre, J -The present Writ Petition is filed by the petitioner, challenging the order dated 11th September 2017 passed by the Family Court No.4, Mumbai, thereby partly allowing the application filed by the petitioner seeking maintenance for herself and for her two children. The petitioner is aggrieved by the said order since she is awarded an amount of Rs.25, 000/ per month and an amount of Rs.25, 000/ each has been awarded to her two children, and according to the petitioner, the said amount is not befitting the status of the parties. According to the petitioner, the Judge, Family Court has erred in granting the said amount without taking into consideration the earnings of the husband, the requirement of the wife and children and specifically considering the status of the parties.

2. In order to appreciate the challenge raised in the petition, it would be necessary to briefly deal with the facts leading to the filing of present petition.

The marriage between the petitioner and respondent was solemnized on 4th July 2006 at Mumbai. The petitioner alleges that the respondent husband indulged himself into acts of Adultery and inflicted cruel treatment to the wife. According to the petitioner, after the marriage, they resided in their matrimonial home which was located on 39th and 40th floor of Belvedere Court, Mahalaxmi, Mumbai. On 8th July 2007, the child ''Gayatri'' was born, whereas on 19th August 2008, the petitioner gave birth to the second child ''Vir''. It is the specific case of the petitioner that she and her children were subjected to physical and psychological cruelty by respondent and his parents, and according to the petitioner, there was a constant demand of dowry from his family, resulting into filing of a complaint by the petitioner against the respondent and his family at Agripada Police Station in Mumbai on 1st May 2013.

The respondent filed a petition in the Family Court in Bandra for the custody of minor children. However, according to the petitioner, though the petition was filed in the year 2013 when the husband and wife were residing in the same house, the copy of the petition came to be served upon the petitioner only after a period of one year. The petitioner has narrated in detail of the treatment meted out to her and her children and would allege cruelty in all forms. The petitioner has instituted proceedings under Section 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 in the Family Court at Bandra, Mumbai, by filing a Miscellaneous Application in Petition No.D44 of 2013 filed by the respondent husband seeking custody of the children. It is the case of the petitioner that she had moved an application seeking an alternate accommodation for herself and her children in view of the cruelty inflicted upon her and the Family Court was pleased to allow the said application and had directed the respondent to provide alternate accommodation to the petitioner and the children for their residence, to be of similar standard of the present flat in the same vicinity. According to the petitioner, this order has not been complied by the respondent.

3. On an application filed by the petitioner below Exhibit108, seeking interim maintenance for herself and her children, the Family Court has passed an interim order. By the application, the petitioner claimed maintenance of Rs.5, 00, 000/ (Rupees Five lakhs) for herself and Rs.1, 50, 000/ (Rupees One lakh Fifty thousand) for every child i.e. total amount of Rs.8, 00, 000/ (Rupees Eight Lakhs) was claimed by her by way of monthly maintenance. As against this, the Family Court has granted maintenance of Rs.75, 000/ in total to the petitioner and her children and it is this order which is assailed by the petitioner.

4. Learned counsel Ms.Taubon Irani representing the petitioner would submit that the petitioner has been subjected to Domestic Violence, and in the petition filed by her, she has narrated the details about