In a 2017 case, the Kolkata High Court has ordered a husband to provide his journalist wife with Rs 2 lakh per month as interim relief. This decision comes despite the absence of proven domestic violence charges against him.
The husband, a recipient of the President of India medal and an IIT alumnus, claimed that his wife had withheld important information, disobeyed a New York court order, and manipulated figures to increase the maintenance amount.
On the other hand, the wife’s lawyer argued that the cases under Section 498A of the Indian Penal Code had not been properly investigated by the police. The wife’s dowry items remain with the matrimonial family, and she is struggling financially.
The husband’s income, reported as USD 110,000 (approximately INR 82 lakh), was debated. His lawyer argued that maintenance should be based on the currency in which he earns, a point previously settled by the Delhi High Court, which noted that expenditures should align with earnings.
The court observed that neither party had presented sufficient evidence, despite the case being active since 2017. Consequently, the High Court issued the following directives for case progress:
- Both parties must file affidavits of their assets with the Judicial Magistrate, 4th Court, Alipore, South 24 Parganas, within four weeks.
- The Magistrate will continue the case, requiring the complainant to provide evidence and scheduling regular monthly hearings to reach a resolution within a year.
- The husband and in-laws may be represented by their lawyers and can submit affidavits stating that they will not be prejudiced if evidence is recorded in their absence.
- Evidence from the husband and his relatives may be recorded through alternative means if physical appearance is not feasible.
- The husband must inform the Magistrate of any address changes.
- The husband and his relatives must provide passport and visa details if requesting exemption from court appearances.
The appellate court has ordered the husband to pay Rs 85,000 per month in interim relief and Rs 20,000 per month for alternative accommodation to the wife, starting from August 2018 until the final resolution of the original complaint.
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