Litigation Costs Are Awarded to Enable a Litigant to Pursue or Defend a Suit Without Undue Hardship” – High Court at Calcutta Adjusts Litigation Costs in Matrimonial Dispute

The High Court at Calcutta addressed crucial issues pertaining to the awarding of litigation costs and maintenance pendente lite under the Hindu Marriage Act, 1955 and related legislation. The court particularly focused on Sections 24 and 25 of the Hindu Marriage Act, the Code of Criminal Procedure (CrPC) Section 125, and the Protection of Women from Domestic Violence Act.

The revisional applications, C.O. No. 111 of 2022 and C.O. No. 1071 of 2022, arose from disputes in a matrimonial suit concerning litigation costs and maintenance payments. Both applications were related to orders issued by the Additional District Judge in Contai regarding litigation expenses and maintenance payments in ongoing matrimonial proceedings.

The trial court’s method of adjusting maintenance payments against litigation costs was found inappropriate. The High Court emphasized that “litigation costs are awarded to enable a litigant to pursue or defend a suit without undue hardship” and should not be offset by maintenance awards, which are intended for basic living expenses.

The court reiterated that litigation costs should be prioritized and awarded from the outset of proceedings, especially when the wife is the respondent in a matrimonial suit. It stressed that maintenance includes necessities for a decent living but does not encompass litigation costs; thus, both need separate consideration.

The High Court underscored the importance of viewing matrimonial disputes with a lens that considers human aspects beyond legal technicalities. It was pointed out that proceedings should not continue where litigation costs ordered are not paid, to ensure compliance with court orders.

The High Court modified the litigation costs awarded to the respondent, directing the petitioner to pay Rs. 2,000 per month instead of Rs. 3,000, citing the need for reasonable and just enforcement tailored to the case specifics. Furthermore, the court ordered that matrimonial proceedings should only continue in the lower court upon compliance with the adjusted litigation cost payments.

Date of Decision: May 03, 2024

Partha Sakha Maity v. Bijali Maity and Bijali Maity Paria,