ORDER

1. Learned advocate Mr. Manmeetsingh P.Chhabra for the applicants submitted that the interim maintenance order dated 19.11.2024 passed by the Judge, Family Court, Gandhinagar considering the responsibility of the mother to take care of two children, a son and a daughter.

2. Learned advocate Mr. Chhabra submitted that the salary slip of the respondent, shows the monthly income of the husband, as Rs.2,29,666/- per month. Advocate Mr. Chhabra stated that under the Domestic Violence Act, the application was moved, but the learned Magistrate has not at all granted any relief under sections 18, 19 and 20, only on the ground that the interim order has been passed by the Family Court, which learned advocate Mr. Chhabra submitted that it would have no bearing when the learned Magistrate was requires to independently deal with all the reliefs.

3. Learned advocate Mr. Shyam M.Shah refuting the argument submitted that the applicant could have challenged the order under the D.V. Act passed by the Magistrate and further stated that the present application be rejected giving necessary direction to the Family Court for expediting the case.

4. In view of the judgment of Rajnesh Vs. Neha & Anr. (2021) 2 SCC 324, the day-to-day need of the applicants have to be considered which has to match the status of the parties along with the living standard. This Court is of an opinion that in consideration to the income of the husband, the amount ordered by the Family Court on 19.11.2024, would not be sufficient to meet the daily needs as well as education needs of the children.

5. Without entering into the details of need of all the three applicants, this Court, at present considers that the amount ordered as an interim maintenance is required to be enhanced so that the applicants would have at least some reasonable amount at their hands to meet with their necessities.

6. In view of the above, the order dated 19.11.2024 passed by the Judge, Family Court, Gandhinagar is modified and the respondent is ordered to pay Rs.9,000/- per month to applicant No.1 and Rs.8,000/- per month to applicant Nos.2 and 3 each; thus the total amount of Rs.25,000/- per month to the applicants towards interim maintenance from the date of the application i.e. 19.06.2023 till final disposal of the main application, and further Rs.10,000/- towards costs be paid.

7. Both the parties are instructed to cooperate the Family Court for expeditious disposal of the matter and if possible the Family Court shall conclude the matter preferably within a period of six months.

8. The present application stands disposed of as partly allowed.