Mumbai Court – “Pets play a crucial role in fulfilling emotional needs” while granting an interim application for maintenance

Recently, a Mumbai court rejected a man's plea to reduce the amount of maintenance money he had to pay to his estranged wife, which also included funds for the upkeep of her three dogs. The court, while granting 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), emphasized that pets play a crucial role in fulfilling emotional needs following the breakdown of relationships. The husband's contention that the maintenance claim for the dogs was invalid was dismissed by Metropolitan Magistrate Komalsing Rajput, who held a different view.

Advocate Shweta Moray filed a plea on behalf of the woman, accusing her husband of domestic violence. In her application, she requested monthly maintenance of ₹70,000.

On June 20, the court partially granted the plea and ordered the husband to pay ₹50,000 as interim maintenance to the wife until the final decision on the main case. The court examined the financial backgrounds of both parties and found no substantial evidence to support the husband's claim of business losses. Additionally, the court expressed the view that the maintenance granted to the wife should be in line with her lifestyle and other needs.

The woman sought interim maintenance as she had no source of income and was in poor health. She also mentioned that she had three dependent Rottweiler dogs. The court took note of the couple's marriage in 1986 and their two daughters, who were settled abroad. Differences between the couple arose in 2021, and the husband allegedly sent his wife to Mumbai with assurances of providing maintenance and basic necessities, which the court recorded as unfulfilled promises. The wife further alleged incidents of domestic violence during their time together. To support her claim for maintenance, she pointed out that the husband had a business in another metropolitan city and had other sources of income. The estranged husband argued that he had 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, thus entitling her to interim maintenance.