On 11th July 2023, a metropolitan magistrate at Bandra, Mumbai, dismissed a husband’s plea to reduce the maintenance amount payable to his estranged wife. The court, while allowing the wife’s application for interim maintenance under the Protection of Women from Domestic Violence Act, emphasized the significance of her pet dogs in “fulfilling emotional deficits” that arise after the breakdown of relationships.
The court has thus ordered the husband to pay his wife for the maintenance of these pet dogs as well.
A metropolitan magistrate at Bandra, Komalsing Rajput, made a noteworthy observation while presiding over an interim maintenance case filed by a 55-year-old woman under Section 12 of the DV Act. The woman sought maintenance, including funds for the upkeep of her three pet Rottweiler dogs. However, the husband contested this request, asserting that it should not be considered grounds for claiming maintenance.
Dismissing the husband’s argument, Magistrate Rajput firmly stated that pets are an integral part of a respectable lifestyle and play a crucial role in enabling individuals to lead healthy lives by filling the emotional void caused by broken relationships. Consequently, the judge ruled that the husband’s contention could not serve as a basis for reducing the maintenance amount.
The woman, represented by advocate Shweta Moray, had filed the plea alleging domestic violence against her husband. Alongside the allegations, she moved an application seeking a monthly maintenance amount of ₹70,000. On June 20, the court partially granted the plea, ordering the husband to pay ₹50,000 as interim maintenance to the wife until the final disposal of the case.
In arriving at the decision, the court took into account the financial standing of both parties and found no substantial evidence supporting the husband’s claims of business losses. Additionally, the court opined that the maintenance awarded to the wife should align with her lifestyle and other essential requirements.
The woman, who had no source of income and was suffering from ill health, sought interim maintenance due to her dependent status. She highlighted the presence of her three Rottweiler dogs, which relied on her care.
The court noted that the couple had been married since 1986 and had two daughters who were now settled abroad. Differences between the spouses emerged in 2021, and the wife alleged that the husband had sent her to Mumbai with assurances of providing maintenance and basic necessities, promises that were not fulfilled.
The woman also accused the man of domestic violence during their time together. In defense, the husband claimed to have made certain payments to her during the intervening period.
After reviewing the submitted documents, the magistrate concluded that the woman had established a prima facie case of domestic violence against her husband, entitling her to interim maintenance.
This ruling by the Mumbai court has attracted attention due to its unusual decision regarding the importance of pets in addressing emotional needs following the end of relationships.
