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A very important and precedent-setting decision has come out from the Chhattisgarh High Court (Bilaspur High Court) regarding marital disputes and litigation expenses. The court has completely clarified the legal position and said that even if the wife is in a government job and her monthly income is almost three times more than that of the husband, she is still legally entitled to receive the entire expenses for travel, food and litigation expenses from the husband to attend the court proceedings. In view of the legal nuances of this case, the division bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutt Guru of Chhattisgarh High Court has completely kept the earlier decision of Surajpur Family Court intact and has completely rejected the petition of the husband who appealed against it.
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This entire legal dispute is between Ashish Rai, resident of Ambikapur, Chhattisgarh, and Anjali Rai, resident of Vishrampur, between whom a marital dispute has been going on for some time. During the hearing of the case, husband Ashish Rai had argued before the court citing his financial condition that his wife is completely self-reliant. She is working as a Government Teacher, who currently gets a monthly salary of Rs 71,482 every month. On the contrary, he himself is working as a Contractual Ayush Medical Officer and his monthly income is only around Rs 25,700 per month. The main argument of the husband was that when the wife’s earning is almost three times more than his and she is in a very strong financial position, then it is unfair to put the cost of the case on the husband.
High Court approves the decision of Surajpur Family Court, the legal position becomes clear
Even after listening to all these arguments of husband Ashish Rai and the salary figures, Bilaspur High Court considered the established principles of law as paramount. The Court clarified that the right to get the expenses of fighting the legal battle and appearing before the Hon’ble Court during matrimonial cases does not depend only on how much money one of the parties is earning. The division bench of the High Court upheld the order given by the lower court i.e. Surajpur Family Court in favor of the wife as completely correct and justified. After this historic decision of the court, it is now legally clear that in cases of marital disputes, the traveling allowance, food and other court expenses required to face the court proceedings will have to be paid by the husband, even if the wife is financially more prosperous and in a higher position than the husband.
