'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, in setting aside the order for interim maintenance the court held: Keeping in view the handsome amount of Rs. 32 lakhs that has been paid by the petitioner to the opposite party who also has some income of her own to sustain herself till the application is finally disposed of, there is remote chance of her being exposed to vagrancy and destitution. Grant of interim maintenance in her favour pending disposal of the application is not required.The petitioner who is the husband of the opposite party was aggrieved by the order passed by the Additional Principal Judge, Family Court, Calcutta on 30th August, 2024 in Misc. Case No. 62 of 2023 allowing the prayer for interim maintenance of the opposite party with cost of Rs. 25,000/- against the petitioner and directing the petitioner to pay interim maintenance to the tune of Rs. 80,000/- per month from the date of filing of the application.Counsel for the petitioner referred to Section 125 of the Code of Criminal Procedure which demonstrates that a wife unable to maintain herself shall be entitled to maintenance from her husband who despite having sufficient means, neglects or refuses to maintain her. It was submitted that a memorandum of understanding/settlement was entered into by and between the parties on 15th February, 2022 wherein the petitioner undertook to pay Rs. 32 lakhs to the opposite party and pay further amount of Rs. 32 lakhs after he was exonerated from the criminal case filed against him by the petitioner or the criminal case was closed.According to counsel, after payment of Rs. 32 lakhs to the opposite party she refused to withdraw the criminal case pending against the petitioner and the memorandum of understanding was abandoned.The opposite party has admitted receipt of Rs. 32 lakhs from the petitioner in her affidavit of assets and liabilities filed before the Magistrate in Misc. Case no. 62 of 2023. It was submitted that since the petitioner has paid Rs. 32 lakhs to the opposite party in terms of the memorandum of understanding, she cannot be termed as “the wife, unable to maintain herself.” Counsel for the opposite party/wife has referred to orders of coordinate Benches of this Court to indicate that the parties were at liberty to contest the application if no mutual settlement could be arrived at. It was submitted that the amount of maintenance must be reasonable and realistic so that it is neither so extravagant which becomes oppressive and unbearable for the respondent, nor so meagre that it drives the wife to penury. Even if the wife is earning, the Court has to determine whether the income of the wife is sufficient to enable her to maintain herself in accordance with the lifestyle of her husband in the matrimonial home and sustenance cannot be allowed to mean mere survival. According to counsel, the Family Court has rightly granted interim maintenance in favour of the opposite party upon taking into consideration the entire facts and circumstances including payment of Rs. 32 lakhs to her by the petitioner.Upon considering the case of both parties, the court noted that after having already received a large sum of money from the husband, the wife was no longer entitled to monthly interim maintenance, since she was also earning herself.It thus set aside the order, as well as the direction for payment of costs imposed on the husband.Click here to read order

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

Srinjoy Das

Tags