Calcutta High Court Says Denying Financial Support to Wife and Son Is Domestic Violence
The Calcutta High Court has ruled that refusing to provide financial support to a wife and her minor son amounts to domestic violence, even if the husband and wife no longer live together. The court said this falls under economic abuse as defined in Section 3 of the Protection of Women from Domestic Violence Act, 2005.
In this case, the husband and wife were married under Muslim Shariat Law on November 20, 2011. A few days after the wedding, the husband claimed that the wife began behaving badly without any reason. On February 15, the wife left the home along with their minor child.
Later, on January 19, 2016, the husband divorced his wife through Talaq, as per Muslim Personal Law. The wife accepted the divorce but later filed a case challenging its validity. She also asked the court to declare the Talaq invalid and requested financial support for herself and their son.
The husband tried to have the criminal case against him dismissed, but the High Court rejected this request. The court clearly stated that even if the woman is working, the financial support should match the lifestyle and needs of the child and the upbringing both parents are used to.
The court added that economic abuse can continue even after divorce. The wife’s request for interim financial support for raising the child proves that the problem is ongoing.
The court refused to end the criminal case, noting that the matter of Talaq is still under legal review. It emphasized that domestic violence includes both emotional and economic abuse, and a woman can still be considered an “aggrieved person” even if she is living separately.
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