Pets fulfill the emotional deficits that arise after relationships break, remarked a Mumbai court recently while rejecting a man’s argument to reduce the maintenance money allowed to pay to his estranged wife, it also included the amount required to maintain her three dogs.
A metropolitan magistrate at Bandra made the observation while allowing an interim maintenance application filed by a 55-year-old woman under Section 12 of the Protection of Women from Domestic Violence Act (DV Act).
Her husband had contested the application by highlighting that the woman had sought maintenance for her three pet Rottweiler dogs as well.
Komalsing Rajput, the Metropolitan Magistrate did not agree with the husband’s argument that it couldn’t be a ground to claim maintenance.
In this regard, the judge said, “Pets are also part and parcel of a decent 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 cannot be ground to mitigate the maintenance amount.”
The main plea filed by the woman leveled allegations of domestic violence against her husband through Advocate Shweta Moray. The present application was moved seeking a maintenance of Rs 70,000 per month.
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 this order after noting that both parties had a healthy financial background. And there was no concrete claim made that could support the husband’s claim that he had met any business losses. The Court further opined that the maintenance granted to the wife should match her lifestyle and other requirements.
The woman had sought for interim maintenance making no income source as grounds and was also dealing with medical conditions. She also informed the court that she had also three pet dogs (Rottweiler dogs) who were completely dependent on her.
The Court noted that the couple had married in 1986 and had two daughters who were already
The Court took into notice that the couple were married in 1986 and had two daughters in this relationship. Both the daughters are settled in abroad. The differences in their relationship arose in 2021 due to which the estranged husband allegedly sent his wife to Mumbai assuring her that he would provide maintenance and other necessities, recorded the Court. The wife alleged that her husband didn’t live up to his promise.
She had also made allegations of domestic violence against her during their marital relationship.
She also justified her maintenance amount by stating the man had been running a business in another metro city and had some other sources of income too. The husband also claimed that he had paid certain amounts to her in the intervening period.
The magistrate concluded based on the documents submitted that the woman had succeeded in making out a prima facie case of commission of domestic violence against the husband and this was the reason behind the entitlement of interim maintenance to her.
Source: https://www.barandbench.com/news/litigation/pets-emotional-deficit-mumbai-court-maintenance-wife-pet-dogs