Last Updated on May 6, 2024 by News Desk
The Calcutta High Court has ruled that a woman should not be forced to pay the legal costs of a divorce lawsuit her husband has filed against her when she moves out of the marital residence owing to disagreements or extraordinary circumstances. In these kinds of circumstances, Justice Biswaroop Chowdhury emphasized, the courts had to reimburse the wife’s legal costs right away. This choice was made because it was recognized how much it would hurt a woman financially and emotionally to have to leave her married household. The court emphasized that it would be unfair to hold a woman responsible for the costs of the litigation since she could have financial difficulties and mental instability after leaving her marital home.
The judgment was based on a case in which the husband contested the decision of a lower court to provide his divorced wife with monthly legal fees. The High Court stated that as the wife would already be paying the cost of the legal representation, litigation expenses could not be kept until the support determination was made. The decision emphasizes how important it is to protect women’s rights and dignity and make sure they aren’t unjustly burdened with unnecessary costs.
Crucial Questions:
- Given the financial difficulty it places on the husband, does giving the wife an early litigation fee award provide her any opportunity for abuse or pointless lawsuits?
- How does this decision affect the distribution of power and wealth between partners during divorce proceedings? Does it manage any disparities in financial resources well enough?
Written By: Nikita Shankar @nikitaashankar
