High Court calls for re-evaluation of wife's earning capacity, upholds child's maintenance.
In a significant ruling, the Calcutta High Court has set aside an ad-interim maintenance order granted to Priyanka Biswas by the Judicial Magistrate, Bangaon, citing procedural irregularities and lack of financial disclosure. The order, which directed Jyotirmoy Biswas to pay Rs. 12,000 per month to his wife and Rs. 8,000 for their minor daughter, was challenged by the petitioner on grounds of procedural haste and material suppression of facts regarding the wife's earning capacity.
The court emphasized that the order was passed without adherence to the mandatory financial disclosure guidelines outlined in the landmark Supreme Court judgment, Rajnesh v. Neha. Justice Uday Kumar noted that the magistrate's decision was made on the same day the Domestic Incident Report (DIR) was filed, without allowing the petitioner to submit an affidavit of assets and liabilities.
The High Court highlighted the necessity of considering the earning capacity of the wife, who is a Specialist in Critical Care Medicine, in determining her entitlement to maintenance. It ruled that the absence of financial transparency and the bypassing of Supreme Court guidelines constituted a jurisdictional error, warranting intervention.
The court maintained the Rs. 8,000 monthly maintenance for the minor daughter, stating that a child's welfare should remain unaffected by the professional disputes of the parents. It directed the magistrate to re-evaluate the wife's maintenance claim, considering her professional qualifications and potential earning capacity.
The judgment underscores the importance of procedural due process in maintenance proceedings and reiterates the court's role in ensuring equitable justice.
Bottom line:-
Protection of Women from Domestic Violence Act, 2005 - Ad-interim maintenance order passed without adhering to mandatory financial disclosure guidelines laid down in Rajnesh v. Neha is procedurally unsustainable and constitutes a jurisdictional error.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 23(2), 29; Code of Criminal Procedure, 1973 Section 482; Rajnesh v. Neha [(2021) 2 SCC 324]
Jyotirmoy Biswas v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2893743
