Here is the judgment. It is a large file (1.4Mb): No Alimony For Leaving Hubbies On Flimsy Grounds
TIMES NEWS NETWORK
Kolkata: Here is one for the harassed husbands’ club. If a woman leaves her husband’s home on “flimsy grounds”, she is not entitled to maintenance, the Calcutta High Court has ruled.
On Thursday, the HC set aside a lower court’s order and asked a Baranagar youth to stop paying his estranged wife a monthly allowance, after judging that she had left her husband’s home “on flimsy grounds”. The landmark judgment is one of those rare cases where the husband gets reprieve in a case under the stringent section 498A, which is meant to prevent harassment of women but is sometimes exploited by the fair sex for unfair ends. The ruling came as a relief for Baranagar’s Partha Pratim Banik who was locked in a bruising battle with his estranged wife, Arundhati. Their marriage had not been a happy one and they had frequent quarrels. According to sources, Arundhati left Partha’s home suddenly one morning, taking along their fouryear-old son, and filed a case against her husband and inlaws under section 498A for “physical and mental torture”. Later, she claimed in court that Partha had cheated her by claiming he was a computer engineer whereas he was a “computer mechanic”.
A Barrackpore court granted her plea and directed Partha to pay her a monthly maintenance of Rs 1,700 — Rs 1,000 for the boy and Rs 700 for Arundhati. Partha appealed against th e order in high court. The case came up for its final hearing on Thursday. Partha’s counsel Koushik Dey said that the allegations against Partha were false and that Arundhati had left her home voluntarily without any concrete reason. He cited section 4 of 125 CrPC, which states that a wife who refuses to stay with her husband without sufficient reason is not entitled to a maintenance allowance. Dey also claimed that Partha was willing to take Arundhati back home, but she had refused.