Protection of Women from Domestic Violence Act, 2005–Sec. 23–Interim maintenance of Rs. 40,000/- per month from the date of the application–Confirmed by the Appellate Court–Instant revision petition–Interference with an order of interim maintenance is justified only where the discretion exercised by the Court below is shown to be manifestly arbitrary, capricious, perverse, or vitiated by a palpable error of law or jurisdiction–The rival contentions as to whether the respondent-wife left the matrimonial home voluntarily or was subjected to cruelty, whether she is entitled to maintenance at all, and what should be the appropriate quantum considering the income of the husband and the needs of the wife, all are matters which require evidence and detailed adjudication–These questions cannot conclusively answered at the stage of interim maintenance–Trial Court has consciously exercised its discretion–Held, no case is made out for interference as the amount of interim maintenance will have no bearing on the final determination of entitlement or quantum after the conclusion of evidence–However, the Trial Court is directed to finally dispose of the main application u/s. 12 of the Act expeditiously.
