Srishti LakhotiaKolkata: Delay in a divorce case caused by miscellaneous petitions filed by the wife cannot be used as a ground to seek enhanced financial relief, Calcutta High Court held on Thursday, while refusing to raise a woman’s maintenance by Rs 6,000 over the Rs 15,000 already granted in a matrimonial dispute pending since 2014.Justice Chaitali Chatterjee (Das), however, directed the husband to bear all medical expenses of his wife.The couple married on July 14, 1994. Relations deteriorated after the birth of their child on Jan 8, 1996. The husband filed for divorce in 2014, following which the wife sought interim spousal support on Sept 9 that year.In 2017, a Calcutta High Court bench awarded the wife interim maintenance of Rs 15,000 per month, when the husband’s monthly income was around Rs 1 lakh. The trial court had fixed Nov 13, 2017, for conclusion of arguments, but on that date the wife sought enhancement of maintenance to Rs 20,000. Proceedings continued and on Oct 11, 2018, maintenance was increased to Rs 21,000.In 2022, the husband moved the high court seeking expeditious disposal of the matrimonial case. The HC directed that the matter be concluded by 2023. However, the proceedings continued, with the husband alleging that despite repeated opportunities, the wife did not adduce evidence. In 2025, she sought a stay on the matrimonial proceedings.Justice Chatterjee (Das), in the June 18 order, held that a litigant cannot benefit from delays caused by her own actions and seek enhanced maintenance solely on that ground. The court noted that permanent alimony could be considered only after disposal of the matrimonial suit.
