Supreme Court Restores Interim Maintenance of Rs. 1.75 Lakh in Divorce Case, Overturning High Court’s Reduction.


19 November 2024 Maintenance >> Family Law  

This case of Dr. Rajiv Verghese v/s Rose Chakkrammankkil Francis., involves two appeals related to a maintenance order issued by the Madras High Court on December 1, 2022, which reduced the wife’s monthly interim maintenance from Rs. 1,75,000 to Rs. 80,000. Both the husband and wife challenged this decision— the husband sought a further reduction, while the wife sought an increase.

The couple married in 2008, but their relationship soured, leading the husband to file for divorce in 2019. During the divorce proceedings, the wife requested a monthly maintenance of Rs. 2,50,000, claiming the husband had substantial earnings from his profession as a cardiologist, rental income, and other assets. The Family Court awarded her Rs. 1,75,000 as interim maintenance, citing the husband’s significant assets and the wife's sacrifice of her career.


 

 
 
 

The husband appealed to the Madras High Court, which reduced the maintenance amount to Rs. 80,000, considering only two income sources: the husband’s salary as a cardiologist and rental income from a property he co-owned. However, the High Court overlooked other assets, including properties and income from a school owned by the husband, which were considered by the Family Court.

The Supreme Court found that the High Court had erred in reducing the maintenance amount and reinstated the Family Court’s decision, ordering the husband to pay Rs. 1,75,000 per month in interim maintenance.