During the Pendency of Divorce Petition, Wife is Entitled to Enjoy Same Amenities of Life as what She Enjoyed in Her Matrimonial Home: SC
On November 19, 2024 (Yesterday), the Supreme Court (SC) of India observed that during the pendency of the divorce petition, a wife is entitled to enjoy the same amenities of life as what she enjoyed in her matrimonial home. The SC bench of Justice Vikram Nath and Justice Prasanna B Varale said, “The appellant (wife) 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.” The bench was hearing two appeals, one from the husband to reduce the maintenance amount and the other one from the wife seeking enhancement of the maintenance amount. These appeals arise out of the impugned order of the Madras High Court passed on December 12, 2022, reducing the maintenance amount to be paid to the wife from Rs.1,75,000/-(Rupees One Lakh and Seventy-five thousand only) per month to Rs.80,000/- (Rupees Eighty Thousand only) per month.
In this case, the appellant/wife and respondent/husband married on September 15, 2008, according to Christian customs. The husband had one son from his previous marriage and there were no issues from this marriage. In 2019, the husband filed a petition for divorce under Section 10(i) of the Indian Divorce Act, 1869 stating that the parties had developed incompatibility. He alleged cruelty while citing various incidents and prayed for divorce. During divorce proceedings, the wife sought interim maintenance of Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand only) per month. After evaluating the status, standard of living, income, and assets of the parties, the Family Court held “Rs.1,75,000/- per month would be a reasonable amount to be paid to the wife as interim maintenance and directed the respondent/husband herein to pay the same.” However, the High Court reduced the maintenance to Rs. 80,000/- per month.
Further, the matter was presented before the top court. After hearing the matter and considering various aspects such as the wife being forced to leave her job, the bench opined, “We find that the High Court has erred in reducing the quantum of maintenance to Rs.80,000/- (Rupees Eighty Thousand only) per month. The High Court has considered only two sources of income for the respondent. Firstly, the sum of Rs.1,25,000/- (Rupees One Lakh and Twenty-Five Thousand only) that he earns from working as a Cardiologist at the Hospital. Secondly, the rent amount he and his mother receive from a property, for which the High Court has stated that he receives only half the amount. However, 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 Family Court found that the respondent is accruing all the incomes from the properties owned by his mother. 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.”
Lastly, the top court ordered, “We allow the appeal of the appellant wife and set aside the order of the Madras High Court dated 01.12.2022 and restore the order of the Family Court. The respondent/husband is directed to pay a sum of Rs.1,75,000/- (Rupees One Lakh and Seventy-Five Thousand only) per month as interim maintenance as per the order of the Family Court dated 14.06.2022.” The Supreme Court dismissed the husband’s appeal.
