Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

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

07 May 2024 8:19 AM

By: Admin


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,

Latest Legal News