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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY, J.
Partha Sakha Maity – Petitioner
Versus
Bijali Maity – Respondent
C.O. 111 of 2022 with CO 1071 of 2022
Decided On : 03-05-2024
Litigation Costs - Matrimonial Dispute - Hindu Marriage Act 1955, Section 24 - The court emphasized the welfare nature of Section 24, allowing for litigation costs to be awarded to ensure fair access to justice, particularly for the economically disadvantaged spouse, while clarifying the distinction between maintenance and litigation costs.
Fact of the Case:
The case involves two revisional applications concerning orders related to litigation costs and maintenance in a matrimonial dispute. The petitioner and respondent are contesting the orders regarding the payment of litigation costs and the proceedings of the matrimonial suit.
Finding of the Court:
The court found that the lower court erred in proceeding with the matrimonial suit without ensuring payment of litigation costs. It clarified that litigation costs should be prioritized and awarded to the economically disadvantaged spouse to ensure fair access to justice.
Issues: Whether the order directing payment of litigation costs was sustainable and whether the court erred in proceeding with the matrimonial suit without ensuring payment of those costs.
Ratio Decidendi: The court held that litigation costs under Section 24 of the Hindu Marriage Act are a welfare provision aimed at protecting the economically disadvantaged spouse, and that such costs should be awarded promptly to avoid hardship.
Result: The court modified the order regarding litigation costs and directed that the matrimonial suit should not proceed until the costs are paid.
JUDGMENT :
(Biswaroop Chowdhury, J.) :
These revisional applications arising from Order no-62 dated 11.03.2022 passed in Matrimonial Suit No – 22 of 2018 pending before Learned Additional District Judge 2nd Court Contai and Order no – 58 dated 9/11/2021 passed in J. Misc case no-11 of 2018 by the said Learned Judge was taken up for analogous hearing for its inter-connectiveness.
2. The petitioner in C.O. 111 of 2022 Shri Partha Sakha Maity is the opposite party in J. Misc Case No-11 of 2018 before Learned Additional District Judge 2nd Court Contai and is aggrieved by the Order No-58 dated 9-11-2021, passed by the said Learned Judge in the said case, and the petitioner of CO. 1071 of 2022 Smt Bijali Maity is the respondent/wife in Matrimonial Suit No -22/2018 pending before Learned Additional District Judge 2nd Court Contai and is aggrieved by the Order No-62 dated 11.03.2022 passed by the said Learned Judge in the said suit. The petitioner of CO. No. 111 of 2022 is the opposite party in C.O. 1071 of 2022 and opposite party in C.O. No-111 of 2022 is the petitioner in C.O. 1071 of 2022.
3. Before proceeding to deal with the merits of each application it would be proper to quote the Orders passed by the Learned Judge in the said two cases.
4. In J.Misc Case No-11 of 2018 the Learned Judge by Order No-58 dated 09.11.2021 was pleased to observe and direct as follows:
Regarding Permanent alimony the same can be granted only at the time of passing the decree or subsequent to it according to Section 25 of the Hindu Marriage Act No prayer for alimony pendente lite has been made by the petitioner wife, therefore no order is passed in that regard.
It is hence ORDERED.
That the opposite party is directed to pay the litigation cost of Rs. 9,000/-Per month to be adjusted with the awarded Rs. 6,000/-as maintenance in the two separate litigations under two separate provisions (Misc Case 204 of 2014 and Misc Case 7 of 2015) such that opposite party shall pay the excess amount of Rs. 3,000/-(Rupees three thousand) only per month as litigation cost by the 10th of each succeeding month.
The J.Misc Case is thus disposed of accordingly on contest.’
5. The Learned Judge in Mat Suit 22/2018, by Order No-62 dated 11.03.2022 was pleased to observe and direct as follows:
‘The Ld. Counsel on either side is present. The Ld. Counsel on behalf of the petitioner submitted that the petitioner has already preferred a challenge of the order of the J. Misc Case before the Hon’ble High Court and the case has not yet been disposed of by the Hon’ble Court, so it is prayed that an adjournment for payment may be made.
Heard both sides. The petitioner has exercised his right in approaching the Hon’ble High Court but there is no stay of the order challenged against. So the payment can be made by the petitioner without any hitch but since the matter is pending before the Hon’ble Court, the petitioner is given time till the next date to make the payment. This allowance of time shall however not operate as stay, specially un
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