Army man’s income ‘not assessed’, Calcutta High Court rejects wife’s maintenance hike

The Calcutta High Court has overturned an order that increased the monthly maintenance for an Army man's wife from Rs 7,000 to Rs 14,000. Justice Chaitali Chatterjee Das ruled that the magistrate had made the decision without recording any evidence or assessing the husband's actual income and financial capacity. The case involved a woman seeking maintenance for herself and her son under the Domestic Violence Act.

The court noted that the husband, who had joined the Indian Army in 1991, failed to disclose his present income and assets when required by law. The wife alleged that she suffered from physical and mental cruelty and was deserted by her husband in 2012. The court emphasized the importance of providing reasons for judicial decisions and the need for both parties to file affidavits of assets and liabilities to determine the appropriate maintenance amount.