19 November 2024 Civil Appeals >> Civil & Consumer Law   |   Maintenance >> Family Law  

This case of Dr. Rajiv Verghese v/s Rose Chakkrammankkil Francis., involves two appeals arising from a Madras High Court order dated 01.12.2022, which reduced the interim maintenance for a wife from Rs.1,75,000 to Rs.80,000 per month during divorce proceedings. The wife challenges the reduction, seeking a higher amount, while the husband seeks further reduction.

The couple married in 2008, but their relationship deteriorated, leading the husband to file for divorce in 2019. During this period, the wife sought maintenance of Rs.2,50,000 per month, citing her husband's substantial income from multiple sources, including his medical profession, property rentals, and a joint venture.

The Family Court initially awarded Rs.1,75,000 per month as interim maintenance based on the husband's financial capacity, but the High Court reduced it to Rs.80,000, considering only two sources of income: the husband’s salary as a Cardiologist and rental income from one property. The High Court also noted that the wife sacrificed her career after marriage.

The Supreme Court found that the High Court overlooked certain important details, such as the husband's additional properties and rental income, and his ownership of a school. Given the wife’s sacrifice of her career and the standard of living she was accustomed to, the Supreme Court reinstated the Family Court’s order for Rs.1,75,000 per month as interim maintenance. The husband’s appeal was dismissed accordingly.