A Mumbai court recently acknowledged the significance of pets in a decent lifestyle while ruling on a plea made by a 55-year-old woman under the Domestic Violence (DV) Act.
The Magistrate Court allowed the woman's request for maintenance from her estranged husband, considering her age, health issues, and three dependent dogs.
The court rejected the husband's argument that the maintenance amount should not include provisions for the woman's pets. It emphasized that pets are an integral part of a decent lifestyle and play a vital role in fulfilling the emotional deficit that arises from broken relationships. The court stated that this cannot be a ground to reduce the maintenance amount.
Metropolitan Magistrate Komalsing Rajput, in an order passed on June 20 and made available this month, partially granted the woman's plea for interim maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The court directed the estranged husband to pay her Rs 50,000 per month as interim maintenance until the final decision on her plea.
The woman's advocate, Shweta R Moray, argued that after a prolonged period of married life, differences arose between the couple, and the husband sent her to Mumbai from a southern metro city, assuring her of providing maintenance and basic necessities. However, he failed to fulfill his promise.
The applicant claimed that the respondent had subjected her to domestic violence during their time together. She also stated that she had no source of income, suffered from health issues, and had three dogs dependent on her care. Additionally, she asserted that her husband, who runs a business in another metro city, has other sources of income, making him capable of paying interim maintenance of Rs 70,000 per month.
In response, the husband denied the allegations of domestic violence and argued that the woman had left their home without any fault on his part. He also claimed that he had suffered business losses, which hindered his ability to provide maintenance. However, the court found no concrete evidence to support the husband's claim of financial difficulties and stated that even if losses were incurred, it would not be sufficient to evade liability.
The court observed that the couple came from a financially stable background and emphasized the need to grant maintenance aligned with the woman's lifestyle and requirements. It concluded that the applicant had established a prima facie case of domestic violence and was entitled to relief in the form of interim maintenance.
This ruling highlights the recognition of pets as an essential component of a decent lifestyle and acknowledges their role in fulfilling emotional needs, especially in the context of broken relationships. The court's decision emphasizes the importance of considering all relevant factors, including the well-being of pets, when determining maintenance obligations in cases of domestic violence.
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