The Supreme Court restored the Family Court's order granting interim maintenance of ₹1.75 lakh per month to the wife. It held that the High Court erred in reducing the amount to ₹80,000, failing to consider all income sources and properties of the husband.
Acts and Sections Discussed
The appeals were filed against the Madras High Court's reduction of maintenance from ₹1.75 lakh to ₹80,000. Both parties contested the decision.
The marriage solemnized in 2008 ended in estrangement, leading to the husband filing for divorce in 2019 under Section 10(i) of the Indian Divorce Act, citing incompatibility and cruelty.
The wife sought ₹2.5 lakh monthly maintenance, citing the husband's substantial income from his medical practice, joint ventures, rental properties, and other assets.
The High Court reduced the maintenance to ₹80,000, considering only two income sources:
The High Court failed to examine the respondent’s additional properties and other potential income streams.
The Supreme Court noted that:
Interim Maintenance, Marital Disputes, Divorce Proceedings
Maintenance Law, Indian Divorce Act, Standard of Living, Estranged Spouses, Family Court, Interim Relief, Property Assessment
Citation: 2024 LawText (SC) (11) 190
Case Number: CIVIL APPEAL NO. …………………. OF 2024 (ARISING OUT OF SLP(C) NO.4109 OF 2023) With Civil Appeal No…………………of 2024 (arising out of SLP(C) No.19922 of 2023)
Date of Decision: 2024-11-19
Case Title: DR. RAJIV VERGHESE VERSUS ROSE CHAKKRAMMANKKIL FRANCIS
Before Judge: (VIKRAM NATH J. , PRASANNA B. VARALE J.)
Appellant: DR. RAJIV VERGHESE
Respondent: ROSE CHAKKRAMMANKKIL FRANCIS