The maintenance for a minor child must reflect true expenses and not exceed reasonable amounts, as supported by evidence, ensuring it aligns with both parents' financial situations and obligations.

(MANJUSHA DESHPANDE, J.)

1. The Petitioner–husband challenges the order dated 04.08.2023, passed below Exhibit–17 by the Family Court, Thane, in Marriage Petition No. A–364 of 2022. The Judge, Family Court, Thane, vide impugned order dated 04.08.2023, has directed the Petitioner–husband to pay monthly interim maintenance of Rs.15,000/- per month to the minor child Neel from the date of Application dated 18.02.2023, till final disposal of main Petition.

2. The Petitioner–husband is original Petitioner in Marriage Petition filed by him before the Family Court, Thane, under Section Section 13(1) (i-a) of the HINDU MARRIAGE ACT , 1955, praying for decree of divorce on the ground of cruelty. The Respondent is the wife of the Petitioner. The Petitioner–husband is running a business of computer sales and services since 2009. He holds diploma in Computer Technology. The Respondent–wife is Bachelor of Engineering and Electronics. According to the Petitioner–husband, the Respondent–wife was working as Software Tester and earning handsome salary prior to the marriage. The parties got married on 02.12.2012 and on 30.09.2014, the Respondent–wife gave birth to a baby boy. Since the marriage of the parties was wrecked beyond salvage, therefore, the Petitioner–husband by invoking Section 13(1) (i-a) of the Hindu, Marriage Act, 1955, filed Petition for decree of Divorce in the Family Court, Thane, on the ground of cruelty.

3. During the pendency of the Hindu Marriage Petition, the Respondent–wife filed an application for interim maintenance under Section 26 of the HINDU MARRIAGE ACT , 1955. The Petitioner–husband filed reply to the Application and vide order dated 04.08.2023, the Application was partly allowed by the Judge, Family Court, Thane, by directing the Petitioner–husband to pay maintenance of Rs.15,000/- per month from the date of Application.

4. It is the contention of the Petitioner–husband that, the Application filed by the Respondent–wife is totally frivolous, baseless and not at all tenable. The learned Judge, Family Court, Thane, has failed to take into consideration that the Petitioner–husband is earning only Rs.42,500/- per month. The Judge, Family Court, Thane, has committed a grave error by holding that he is earning Rs.2,00,000/- per month. The said finding is without any basis and supported by any evidence. The learned Judge, Family Court, Thane, while passing the order has taken into consideration mere credit entries, and has not taken into consideration the debit side, resulting into miscarriage of justice.

5. Moreover, the break up of the expenses of the child was not given by the Respondent–wife in the Application, nor was it considered by the Judge, Family Court, Thane, while arriving at the figure of Rs.30,000/- per month. There is no cogent reason for coming to the conclusion about the monthly expenses of a child, who belongs to a middle class family. Apart from the Respondent–wife and the child, the Petitioner–husband has the responsibility of his mother as well, to be maintained his limited income of Rs.42,500/- per month. It is difficult for him to carve out Rs.15,000/- per month from his income of Rs.42,500/-. It is further submitted that despite his limited resources, the Respondent-wife is claiming expenses of Rs.30,000/- for the child. The Judge, Family Court, Thane, has granted maintenance of Rs. 30,000/- without verifying the actual expenses, which exceeds the total expenses claimed by the Respond