New Delhi: The Supreme Court has delivered a significant judgment restoring monthly interim maintenance of Rs 1.75 lakh to a wife during divorce proceedings, setting aside the Madras High Court’s reduction to Rs 80,000 and emphasizing the importance of maintaining pre-divorce living standards.
Justices Vikram Nath and Prasanna B. Varale made important observations on maintenance quantum and living standards in matrimonial disputes.
The court addressed the case between Dr. Rajiv Verghese and Rose Chakkrammankkil Francis, where their marriage was solemnized on September 15, 2008, according to Christian customs.
The court noted, “The Family Court found that the respondent specifically stated that when the parties were residing together, he engaged two maids on 24x7 basis to aid them in their domestic work and maintenance and the appellant is accustomed to these comforts.”
Addressing the husband’s financial status, the court observed, “The respondent is a renowned expert in cardiology and has a number of worthful properties and is the only legal heir to his father who has passed away. He is accruing all the incomes from the properties owned by his mother and himself and is also found to have been in possession of a school.”
Wife’s Right to Interim Maintenance in India
The court highlighted the High Court’s limitations in assessment, stating, “The High Court has not dealt with the findings of the Family Court wherein the respondent is said to own a number of worthful properties and the fact that he is the only legal heir of his father. The High Court has not dealt with the aspect of the number of properties owned by the respondent and looked at the rental income from one property.”
In response to the appeals, the court concluded, “The appellant was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of the divorce petition, is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home.”
High Court’s Oversight on Husband’s Financial Status Addressed
The court emphasized that during divorce proceedings, a wife’s right to maintain her accustomed standard of living must be protected, effectively setting a precedent for similar cases in the future. The judgment restored the Family Court’s order of Rs 1.75 lakh monthly maintenance, dismissing the husband’s appeal for reduction.
Case title: Dr. Rajiv Verghese vs Rose Chakkrammankkil Francis
