This is a 2017 case.
The husband was a recipient of Winner of
the President of India medal, IIT, while the wife is a journalist.

According to the husband, the wife has suppressed material facts, disobeyed the order of NewYork Court, adopted forum shopping as also narrated figures for escalating the quantum of maintenance which has been awarded.

Learned advocate appearing for the petitioner wife has on the other hand submitted that the cases filed by her so far as Section 498A of Indian Penal Code is concerned, have not been carried out in its proper spirit by the police authorities, the Streedhan articles are still lying with the members of the matrimonial home and there are dues which are to be cleared by the husband and the lady is unable to maintain herself.

The basic earning of the husband which has been submitted before the court is USD 110,000 (INR 82 lakh approx). Learned advocate appearing for the husband tried to emphasise that there cannot be a relationship between a husband’s earning in dollars which would be the criteria for deciding maintenance, it has been settled by the Delhi High Court that if a person earns in dollars the expenditure are in dollars also.

Having heard arguments from each side, the judge noted that both parties have not adduced any evidence in spite of the case being initiated in the year 2017 and has been contesting on the issue of interim maintenance since the inspection of the case.

So, the high court passed the following directions for being adhered to by the Judicial Magistrate for further progress of the case:

(a) Both the parties would file their affidavit of assets before learned Judicial Magistrate, 4th Court, Alipore, South 24 Parganas, in connection with the complaint case within a period of four weeks from the date of communication of this order

(b) The learned Magistrate would thereafter, proceed with the case calling upon the complainant to adduce evidence and on regular basis fix dates on each and every month so that the trial can be taken to its logical conclusion within a year from the date of examination of the complainant.

(c) So far as the husband/in-laws are concerned they may be allowed to be represented through their learned advocates in course of the trial provided they file affidavits before the court that they will not be prejudiced if the evidence is recorded in their absence

(d) So far as the evidence of the husband or their relations are concerned, the learned Magistrate will not insist on physical appearance if by other means recording of evidence is possible

(e) If the husband changes his address, then in that case same must be informed to the learned Magistrate

(f) The Passport and Visa details must be furnished by the husband and other relations before the learned Magistrate while praying for exemption from appearance.

The learned appellate court after taking into account the rival submissions of both the parties had concluded,

“The husband is hereby directed to pay an interim monetary relief at the rate of Rs 85,000 per month and Rs 20,000 per month towards payment of alternative accommodation to the wife from the month of August, 2018 till the disposal of the original complaint.”