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BOMBAY HIGH COURT
JUBER GAFUR SHAIKH – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent
JUDGMENT :
(Y. G. KHOBRAGADE, J.)
1. Rule. Rule made returnable forthwith and heard finally with consent of both the sides.
2. By the present Petition, the Petitioner/husband invoked jurisdiction of this Court under Article 227 of the Constitution of India r/w section 482 of the Criminal Procedure Code and takes exception to the order dated 17.01.2024 passed by the learned Additional Sessions Judge, Aurangabad in PWDVA Appeal No.170 of 2022 arising out of Judgment and order dated 14.02.2024 passed by the learned Judicial Magistrate First Class, Aurangabad in PWDVA No. 516 of 2021.
3. Having regard to the rival submissions canvassed on behalf of both side, I have gone through the petition paper-book. It is not in dispute that, on 15.01.2017 marriage of present petitioner and respondent no.2 solemnized as per customs and rites prevailing in their society. It is also not in dispute that, out of wedlock, the Petitioner and Respondent No.2 are blessed with a male child namely Nehan. The Respondent No.2 wife filed a proceeding bearing PWDVA No. 516 of 2021 before the learned JMFC, Aurangabad alleging about raising domestic violence against her as well as causing ill-treatment, physically and
Interim maintenance under the Protection of Women from Domestic Violence Act should reflect the financial status of the parties and the needs of the child, with 25% of the husband's net salary as a r....
The court affirmed the appellate court's maintenance order, emphasizing the necessity of evidence in domestic violence cases and the reasonableness of the awarded amounts.
Interim maintenance under the DV Act must consider both parties' financial circumstances and living arrangements, ensuring it does not penalize the other spouse.
The legal principle established is that a wife is entitled to the same standard of living as in her matrimonial home and that 25% of the husband's salary would be a reasonable maintenance allowance.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
The court upheld the principle of providing adequate interim maintenance for the wife and children based on the husband's employment and potential additional income.
An able-bodied husband is presumed to be capable of earning sufficient money to maintain his family, and income tax returns can be used to assess income for determining maintenance.
The central legal point established in the judgment is the obligation of the husband to provide financial support to the wife and children, considering their status and the mode of life they were use....
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