Calcutta High Court Grants ₹2 Lakh Monthly Relief to Journalist Wife Despite No Proven Domestic Violence
In a notable case from 2017, the Calcutta High Court ordered a husband to pay ₹2 lakh per month as interim relief to his journalist wife, even though domestic violence allegations under Section 498A IPC were not yet proven in court.
The husband, a recipient of the President of India Medal and an IIT alumnus, claimed that his wife suppressed key facts, ignored a New York court order, and exaggerated her claims to secure more maintenance. He also accused her of forum shopping — choosing courts for favorable outcomes.
On the other hand, the wife’s lawyer argued that the police failed to properly pursue her complaints and that her Streedhan (marriage gifts and belongings) remained with her in-laws. She claimed she couldn’t support herself due to unpaid dues by her husband.
The court noted that the husband earns around USD 110,000 annually (approximately ₹82 lakh). His lawyer argued that expenses in the U.S. are also in dollars, so his income should not directly determine Indian maintenance standards. However, the Delhi High Court had previously ruled that income in foreign currency can still be a factor in Indian cases.
Despite years of litigation since 2017, both parties had failed to provide proper evidence. The court decided to move the case forward and gave specific instructions to the Judicial Magistrate, 4th Court, Alipore, South 24 Parganas:
Key Directions from the Court:
- Asset Disclosure: Both parties must file affidavits disclosing their assets within four weeks.
- Trial Progress: The complainant must begin providing evidence, and the court should set monthly hearing dates to complete the trial within a year.
- Representation: The husband and his relatives can be represented by lawyers if they file affidavits confirming they won’t object to proceedings in their absence.
- Remote Testimony Allowed: Physical appearance is not mandatory if evidence can be recorded through other means.
- Address Updates: The husband must inform the court if he changes his residence.
- Travel Documents: The husband and his relatives must submit passport and visa details if they seek exemption from appearing in court.
Maintenance Order:
The High Court concluded that the husband must pay:
- ₹85,000 per month as interim maintenance, and
- ₹20,000 per month for alternative accommodation for his wife,
effective from August 2018 until the final decision on the complaint.
This decision reflects how courts may provide financial relief even before domestic violence claims are legally confirmed, based on circumstances and fairness.
