“Earning Capacity Cannot Be Ignored At Ad-Interim Stage”: Calcutta HC Sets Aside Maintenance Granted To Wife Without Financial Disclosure

The Calcutta High Court has clarified that a spouse's earning capacity cannot be ignored even at the ad-interim stage, setting aside a maintenance order granted to a qualified doctor without examining her financial status in light of the disclosure norms mandated in Rajnesh v. Neha.Justice Uday Kumar was hearing a criminal revisional application filed by a husband challenging an ex-parte ad-interim order directing him to pay ₹12,000 per month to his wife and ₹8,000 towards maintenance of their minor daughter under the Protection of Women from Domestic Violence Act, 2005.The Court took note of the husband's contention that the wife is a qualified medical professional specialising in critical care and had allegedly suppressed her income while seeking maintenance. While refraining from making any conclusive determination on entitlement, the Court underscored that “earning capacity” is a relevant consideration even at the threshold stage.In a significant observation, the Court indicated that beneficial legislation cannot be applied in a manner that disregards material facts relating to the financial independence of the claimant. It stressed that the object of maintenance law is to prevent destitution—not to create unjust enrichment by ignoring the actual earning potential of a party.The Bench found that the Magistrate had granted ad-interim maintenance on the very day the Domestic Incident Report (DIR) was filed, without directing either party to file Affidavits of Assets and Liabilities.Reiterating the binding nature of Rajnesh v. Neha, the Court held that the financial disclosure regime laid down by the Supreme Court constitutes a “mandatory procedural architecture” that must be followed in all maintenance proceedings. Any order passed in breach of this requirement, the Court observed, suffers from serious procedural infirmity.The Court further held that such non-compliance assumes greater significance where the claimant is professionally qualified and capable of earning, making financial transparency essential for a fair adjudication.On facts, the Court found that the process adopted by the Magistrate amounted to a “procedural leap,” as maintenance was granted without affording the husband an opportunity to respond or place his financial position on record.Accordingly, the High Court set aside the portion of the order directing payment of ₹12,000 per month to the wife and remanded the matter for fresh consideration after compliance with the affidavit disclosure requirements.However, the Court maintained the ₹8,000 monthly maintenance awarded to the minor child, emphasising that the child's right to maintenance stands on an independent footing and must not be adversely affected by disputes between the parents.The Court directed both parties to file their respective Affidavits of Assets and Liabilities in terms of Rajnesh v. Neha, and instructed the Magistrate to re-determine the issue of ad-interim maintenance expeditiously.It also ordered that arrears of maintenance payable to the child be cleared in instalments, while clarifying that any amount already paid towards the wife would be subject to final adjudication.BackgroundThe dispute arises out of matrimonial discord between the parties, who married in 2014 and have a minor daughter. Following separation in 2021, the wife initiated proceedings under the DV Act, apart from other legal actions.The husband challenged the ad-interim maintenance order, arguing that the wife's professional status as a doctor had not been disclosed or considered, and that the order had been passed in violation of principles of natural justice.Accepting these contentions in part, the High Court has now reaffirmed that both financial disclosure and consideration of earning capacity are indispensable even at the ad-interim stage of maintenance proceedings.Case: JYOTIRMOY BISWAS -VS- STATE OF WEST BENGAL & ANR.Case No: RR 3578 OF 2022Click here to read order

“Earning Capacity Cannot Be Ignored At Ad-Interim Stage”: Calcutta HC Sets Aside Maintenance Granted To Wife Without Financial Disclosure

Srinjoy Das

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