Supreme Court Ensures Fair Maintenance: Upholds Rs.1.75 Lakh for Wife During Divorce

Importance of considering both the financial capacity of the paying spouse and the lifestyle of the dependent spouse when determining interim maintenance during divorce proceedings

DR. RAJIV VERGHESE

VERSUS

ROSE CHAKKRAMMANKKIL FRANCIS

In a landmark ruling, the Hon’ble Supreme Court of India reaffirmed the right of a wife to maintain the same standard of living during divorce proceedings as she enjoyed during her marriage. The Court upheld a Family Court order directing the husband to pay Rs.1.75 lakhs per month as interim maintenance to his wife.

The facts that a couple married in 2008. The husband filed for divorce in 2019, citing cruelty and incompatibility. During the proceedings, the wife sought Rs.2.5 lakhs per month as maintenance, citing the husband's substantial income from his medical practice, property, and business ventures. The Family Court initially awarded Rs.1.75 lakhs, but the High Court reduced it to Rs.80,000 per month.

The Hon’ble Supreme Court found that the High Court had not fully considered all the husband's income sources and property holdings. The Court noted that the husband owned several valuable properties and was the sole heir to his father's assets. It emphasized that a wife is entitled to the same lifestyle during divorce proceedings as she had during the marriage.

Restoring the Family Court’s original order, the Hon’ble Apex Court directed the husband to pay Rs.1.75 lakhs monthly in interim maintenance, ensuring that the wife would not face financial hardship while the divorce was pending.

The ruling underscores the importance of considering both the financial capacity of the paying spouse and the lifestyle of the dependent spouse when determining interim maintenance during divorce proceedings.