Maintenance | Standard of Living Of Wife Must Be Maintained During Divorce Proceedings: Supreme Court Overturning High Court Reduction

Supreme Court of India reinstated an earlier Family Court order mandating interim maintenance of ₹1,75,000 per month to Dr. Rajiv Verghese’s estranged wife, Rose Chakkrammankkil Francis. The Court overturned a Madras High Court judgment that had reduced the amount to ₹80,000 per month, emphasizing the wife's right to maintain her standard of living during the pendency of divorce proceedings.

Dr. Rajiv Verghese, a renowned cardiologist, filed for divorce in 2019, citing incompatibility and alleged cruelty. In the same year, Rose Francis sought interim maintenance of ₹2,50,000 per month, arguing her husband’s substantial income and her lack of independent means. The Family Court awarded ₹1,75,000 per month, noting Dr. Verghese’s income from medical practice, properties, and business ventures. However, the Madras High Court reduced this amount, considering only select income streams. Both parties challenged the order in the Supreme Court.

Assessment of Maintenance Quantum: The Supreme Court scrutinized the respondent's income sources, including property earnings and professional income, to ensure fairness in determining maintenance.

Preservation of Standard of Living: The Court reaffirmed that a wife is entitled to enjoy the same standard of living during the pendency of divorce as she had in the matrimonial home.

Burden of Proof: It highlighted the husband's failure to submit comprehensive income records, thereby warranting reliance on evidence presented by the wife.

The Court noted that the High Court erred in reducing the maintenance by excluding key findings of the Family Court:

Income Assessment: While the High Court considered only the husband's medical practice income of ₹1,25,000 and partial rental earnings of ₹1,36,650, it overlooked additional properties, business ventures, and unsubstantiated claims of financial losses in other ventures.

Lifestyle Evidence: Evidence that the couple previously employed two full-time maids and the wife's dependence on family support after separation further underscored the disparity created by the reduced maintenance.

Reinstating the Family Court’s order, the Supreme Court emphasized:

"The appellant wife is entitled to the same amenities and standard of living she enjoyed during the marriage."

It directed Dr. Verghese to pay ₹1,75,000 per month as interim maintenance retroactively from the date of the petition, July 3, 2019, until the conclusion of the divorce proceedings.

This ruling reiterates the principle that interim maintenance aims to preserve financial stability and dignity for spouses during litigation. The Court’s emphasis on thorough income assessment and the right to a comparable standard of living sets a precedent for similar matrimonial disputes.

Date of Decision: November 19, 2024