A Mumbai court recently rejected the man’s argument to reduce the maintenance money payable to his estranged wife
While rejecting the man’s argument to exclude the money used for his wife’s pet dogs expense from payable maintenance, a Mumbai Court remarked, “Pets fulfill the emotional deficits that ensue after relationships break.”
A metropolitan magistrate at Bandra made the observation and then allowed an interim application for maintenance filed by a 55-year-old woman under Section 12 of the Protection of Women from Domestic Violence Act (DV Act).
In response, the husband contested the application by stating that the woman had also sought maintenance for her three pet Rottweiler dogs.
The Metropolitan Magistrate, Komalsing Rajput didn’t accept the husband’s argument and said that it couldn’t be ground to claim maintenance.
The Judge also said, “Pets are also part and parcel of descent lifestyle. Pets are necessary for human beings to lead a healthy life as they fulfill the emotional deficit occurred on account of broken relationships. Therefore, this can not be ground to mitigate the maintenance amount.”
The wife’s main plea filed through Advocate Shweta Moray levelled allegations of domestic violence against her husband. In the present application, maintenance of Rs. 70,000 per month was sought.
However, the court partly allowed the plea on June 20 and ordered the husband to pay Rs. 50,000 as interim maintenance to the wife till the disposal of her main case.
The court passed the order after considering that both husband & wife had a good financial status. And there was no material in support of the husband’s claim submitted in the court stating that he had faced any business losses. Furthermore, the Court opined that the maintenance allowed to the wife should help her keep pace with her lifestyle or quality of life.
The wife had sought interim maintenance on the ground that the lady hadn’t any source of income and also was suffering from some medical conditions. Moreover, she also informed the court that she had three Rottweiler dogs who were dependent on her.
The Court took into note that the couple were married in 1986 and had two daughters who had settled abroad. The differences began to come between the couple in 2021. As the differences progress, the estranged husband allegedly sent his wife to Mumbai after taking her into confidence that he would bear maintenance and other basic necessities, recorded the court. The wife alleged that he didn’t follow what he had promised.
She also claimed that his husband had also done acts of domestic violence against her when they were in relation.
According to the wife, the maintenance she was asking for was fair as her husband had been in a successful business in metro cities and also possessed some other sources of income.
However, the husband had claimed that he had paid a good amount to her in the intervening period.
Based on the documents submitted by the woman, the magistrate concluded that the woman had succeeded in taking a prima facie case of commission of domestic violence against her husband and thus was entitled interim maintenance.
Source: https://www.barandbench.com/news/litigation/pets-emotional-deficit-mumbai-court-maintenance-wife-pet-dogs
