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Denying Economic Support to Wife and Child is Domestic Violence: Calcutta High Court

The Calcutta High Court has ruled that refusing to provide financial support to a wife and minor son amounts to domestic violence under Section 3 of the Protection of Women from Domestic Violence Act, 2005. The court emphasized that this holds true even if the couple no longer lives in the same household.

The case involved a man who married under Muslim Shariat Law in 2011. Allegedly, the wife began misbehaving soon after the wedding. She later left the matrimonial home with their child in 2015. In 2016, the husband divorced her through a Talaknama, which the wife initially accepted. However, she later filed a case challenging the divorce, claiming it was not in line with Muslim law, and demanded financial support for herself and her son.

The court stated that denying financial support constitutes “economic abuse” under the Domestic Violence Act. It further clarified that even if the wife was employed, the adequacy of her income to meet her and her son’s accustomed standard of living must be considered.

Domestic violence, the court noted, can persist even after divorce. It refused to dismiss the criminal case filed by the wife, stating that her petition for financial support is still under consideration.

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