Thane: Sessions Court Rejects Husband's Appeal Against Interim Maintenance Order For Wife And Daughter

Thane: The Thane Sessions Court has rejected an appeal filed by a 35-year-old man seeking to reject a trial court’s order granting interim maintenance to his estranged wife and daughter, as he was already paying towards his. The court reprimanded the man, stating that just by paying towards daughter’s education does not fulfill his obligation to provide full financial support to both his wife and child.

Pointing to various household expenses, the court observed that the trial court had correctly evaluated the legal and factual aspects before arriving at its decision to grant maintenance.

“The trial court had properly appreciated the prima facie evidence placed on record to conclude that interim maintenance of Rs. 5,000 each, per month, should be granted to the wife and daughter. Merely paying school fees does not indicate that the husband provided adequate maintenance. Maintenance includes day-to-day expenses, medical costs, clothing, and residential charges. The appellant has prima facie failed to pay such maintenance to his wife and daughter. The trial court’s view cannot be faulted in this regard. (Meanwhile even)The evidence shows the existence of alleged domestic violence committed by the estranged husband, and this finding cannot be disregarded,” the court stated in its order.

The appeal was filed by the husband in 2023 in a domestic violence case initiated by his estranged wife, in which the trial court had directed him to pay Rs 5,000 each to his wife and daughter as interim monthly maintenance.

In his plea, the husband argued that his wife had left the matrimonial home on her own, without any fault on his part, and had done so to avoid household duties. He further alleged that his wife insisted on living separately from his elderly parents and ill relatives.

“It is also contended that husband had taken due care of the daughter’s education by paying her school fees. However, the trial court completely overlooked this fact and wrongfully passed the impugned order,” the husband’s appeal read.

The wife, however, opposed the appeal, asserting that the maintenance was granted in accordance with the law and based on the factual circumstances. She argued that she was unable to maintain herself and that there was prima facie evidence of alleged domestic violence by both her in-laws and her husband during her stay at the matrimonial home.