Archive · 3 Oct 2026
Calcutta High Court Sets Aside Wife’s Maintenance Hike
A wife asked a court for financial support for herself and her son.
A magistrate first ordered Rs 7,000 a month, then raised it to Rs 14,000.
The husband challenged the increase, and an appeals court lowered it back to Rs 7,000.
The Calcutta High Court agreed that the increase had not been properly explained or supported by evidence about the husband’s income.
The court also noted that the son was already 18 when the application was filed.
It has asked both sides to provide details about their money and property.
The magistrate can then decide the proper amount using that information.
The Calcutta High Court upheld a reduction of monthly maintenance from Rs 14,000 to Rs 7,000.
The court said the magistrate increased the amount without recording evidence or assessing the husband’s actual income and financial capacity.
It directed both parties to file affidavits of assets and liabilities so the magistrate can determine maintenance afresh.
The wife had sought maintenance for herself and her son under the Domestic Violence Act, alleging cruelty and desertion.
The court noted the son was already 18 when the maintenance application was filed and was not eligible under the cited Criminal Procedure Code provisions.
- Who
- The Calcutta High Court, the wife seeking maintenance, and her husband, an Indian Army havildar.
- What
- The court upheld the reduction of monthly maintenance to Rs 7,000 and directed both parties to submit financial affidavits for a fresh determination.
- When
- The order was dated September 28; the article does not specify the year.
- Where
- Calcutta High Court, West Bengal.
- Why
- The Rs 14,000 increase was made without evidence, an assessment of the husband’s actual income and financial capacity, or reasons explaining the amount.
Wife’s position
Husband’s challenge and court’s findings
Maintenance claim
Wife’s position
The wife said she had no independent income and alleged cruelty and desertion, claiming she and her son were left without support.
Husband’s challenge and court’s findings
The husband challenged the increase; the High Court found the magistrate had not established a proper evidentiary basis or explained the Rs 14,000 amount.
Amount and financial assessment
Wife’s position
The wife challenged the appellate court’s reduction of maintenance from Rs 14,000 to Rs 7,000.
Husband’s challenge and court’s findings
The High Court upheld the reduction for now and directed both sides to disclose assets and liabilities before maintenance is determined afresh.
- Initial maintenance
- Rs 7,000 per month
- Enhanced amount
- Rs 14,000 per month
- Amount after appeal
- Rs 7,000 per month
- High Court judge
- Justice Chaitali Chatterjee Das
- Applicable proceeding
- Protection of Women from Domestic Violence Act
- Court’s direction
- Both parties must file affidavits of assets and liabilities