Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitlement or amount.

ORDER :

In S.B. Criminal Revision Petition No. 684/2025:-

Grievance of the Case

1. By way of filing the instant revision petition, the petitioner– husband assails the judgment dated 06.05.2025 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur Metropolitan, Jodhpur in Criminal Appeal No. 91/2024, whereby the appeal preferred by the petitioner–husband has been dismissed and the order dated 31.08.2024 passed by the learned Additional Chief Judicial Magistrate No. 02, Jodhpur Metropolitan in Criminal Misc. Case No. 16/2022 (CIS No. 191/2022) has been affirmed. By the said order dated 31.08.2024, the learned Magistrate allowed the application filed by the respondent–wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005 and awarded maintenance of Rs. 40,000/- per month in favour of the respondent–wife from the date of application, i.e., 15.02.2022. The impugned appellate judgment, being illegal, arbitrary and contrary to the settled principles of law, has resulted in grave miscarriage of justice and, therefore, warrants interference by this Court in exercise of its revisional jurisdiction under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In S.B. Criminal Revision Petition No. 845/2025:-

Grievance of the Case

2. By way of filing the instant revision petition, the petitioner– wife assails the impugned order dated 06.05.2025 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan, Jodhpur in Criminal Appeal No. 103/2024, whereby the appeal preferred by the petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005 seeking enhancement of interim maintenance was erroneously dismissed, affirming the order dated 31.08.2024 passed by the learned Additional Chief Judicial Magistrate No. 2, Jodhpur in Criminal Case No. 16/2022, which had granted an inadequate interim maintenance of Rs. 40,000/- per month in favour of the wife from the date of application, despite the sufficient means, status, and earning capacity of the respondent–husband, rendering the impugned orders illegal, arbitrary, and unsustainable in law.

Common Facts of the Case

3. That the marriage between the petitioner–husband and the respondent–wife was solemnized on 11.05.2011 as per Hindu rites and rituals. Out of the said wedlock, one daughter was born. After marriage, the parties initially resided together and later shifted to Mumbai. Owing to matrimonial discord, the parties started living separately in the year 2021, whereafter the respondent–wife came to reside at Jodhpur.

4. That the respondent–wife instituted proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, along with an application under Section 23 of the Act seeking interim maintenance, on 15.02.2022. During the pendency of the proceedings, both parties filed their respective replies and affidavits of income, assets and liabilities, as directed by the learned Trial Court.

5. That the learned Additional Chief Judicial Magistrate, after considering the pleadings and material available on record, partly allowed the application under Section 23 of the Act and granted interim maintenance of Rs. 40,000/- per month in favour of the respondent–wife from the date of application. Aggrieved by the said order, both parties preferred separate appeals, which came to be dismissed by the learned Appellate Court vide a common order, thereby affirming the order of interim maintenance passed by the learned Trial Court.

6. That