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 reasonable benchmark.

Headnote:(A) Constitution of India - Article 227 - Protection of Women from Domestic Violence Act, 2005 - Section 12 and Section 29 - Petition challenging the order enhancing interim maintenance - The Appellate Court enhanced interim maintenance to Rs.10,000/- for the wife and Rs.5,000/- for the minor child, considering the financial status of the parties and the needs of the child. (Paras 5, 8, 10)

(B) Maintenance - Determination of interim maintenance - The court emphasized that interim maintenance should be based on the financial status of the parties, referencing the case of Kalyan Dey Chowdhury vs. Rita Dey Chowdhury, where it was held that 25% of the husband’s net salary is a reasonable benchmark for maintenance. (Paras 8, 9)

Facts of the case:
The petitioner challenged the Appellate Court's order enhancing interim maintenance for his wife and child, citing his financial constraints and claiming a lower net salary. The wife alleged domestic violence and sought protection and maintenance. (Paras 3, 4)

Findings of Court:
The Appellate Court's order was found to be reasonable and not excessive, given the financial needs of the wife and child, and the petitioner failed to provide sufficient evidence of his financial claims. (Paras 9, 10)

Issues: The main issues included the appropriateness of the enhanced interim maintenance amount and the financial status of the petitioner. (Paras 6, 10)

Ratio Decidendi: The court ruled that the Appellate Court's decision to enhance maintenance was justified based on the financial status of the parties and the needs of the minor child, reaffirming that maintenance should reflect the realities of living costs. (Paras 8, 10)

Result: Petition dismissed.

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 mentally at the hands of the present petitioner on pity issues. The Petitioner is working with the Police Department since past more than six years. According to respondent/wife, she cohabited with the present Petitioner at Ganesh Colony, Aurangabad but she did not notice about change in behaviour of the Petitioner. The Petitioner/husband started giving her ill-treatment and always mercilessly beats her. The petitioner has developed extra marital relation with other woman. The petitioner also issued her life threat. The petitioner also issued threat to perform second marriage. Lastly, on 02.04.2021, she was beaten mercilessly and driven out of her matrimonial house, therefore, she started residing at her parental house. However, again on 14.01.2022, the Petitioner visited at her parental house and assaulted her, her brother and father. Therefore, respondent no.2/wife filed a proceeding under the Protection of Women from Domestic Violence Act.

4. The Respondent No.2 stated that, the petitioner/her husband is working in Police Department and drawing salary about Rs.45000/- to 50000/- per month. Besides, this, her husband having landed property at Hasta Tq. Kannad, District Aurangabad and drawing annual income of Rs.10 to 15 lakhs. Therefore, the Respondent/wife prayed for protection order and monetary relief, including maintenance.

5. On 14.10.2022, the learned JMFC, Aurangabad, Court No.3 passed an order and granted interim maintenance of Rs.3,000/- each in respect of respondent no.2 and her minor child. Being dissatisfied with the said order, the respondent no.2 filed Appeal bearing PWDVA Appeal No. 170 of 2022 under Section 29 of the Protection of Women from Domestic Violence Act, 2005(DV Act) before the Appellate Court. On 17.01.2024, the learned Appellate Court passed the impugned order and enhanced amount of interim maintenance to Rs.10,000/- in respect of Respondent No.2- wife and Rs.5000/- in respect of her minor child Nehan s/o Zuber Shaikh Gafoor form the date of application under section 12 of the D.V. Act till its disposal.

6. The learned counsel appearing for the petitioner canvassed in vehemence that, the petitioner is drawing net salary of Rs.25,543/- only, after monetary deduction. Besides this, the petitioner has purchased a plot in the name of his wife Respondent No.2 by availing loan facility and the petitioner paying monthly EMI of Rs.15,000/-. Therefore, if aspect of the matter is considered,inthat event, only Rs.10,543/- remains with the petitioner. Therefore, the impugned order passed by the learned Appellate Court is exorbitant, hence, prayed for modification/quash and set aside the same. However, the Petitioner has not given any explanation as to how he survives in meager amount of Rs.10,543/- though he maintains a vehicle for at

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