Interim Maintenance in Divorce: Supreme Court Upholds ₹1.75 Lakh Monthly for Wife

The Supreme Court of India has delivered a significant judgment in the case of Dr. Rajiv Vergheese vs. Rose Chakkrammankkil Francis, addressing the issue of interim maintenance in divorce proceedings. The ruling reinstates the Family Court’s decision to award the wife ₹1,75,000 per month as maintenance, overturning the Madras High Court’s earlier reduction to ₹80,000.

Background of the Case

The appellant wife and respondent husband were married on September 15, 2008, under Christian customs. The respondent, a well-known cardiologist, had a son from a previous marriage, but the couple had no children together. Due to marital discord, the husband filed for divorce on March 19, 2019, under Section 10(i) of the Indian Divorce Act, 1869, citing incompatibility and cruelty.

Wife’s Maintenance Claim

During the divorce proceedings, the appellant wife filed an application before the Family Court, Chennai, seeking:

₹2,50,000 per month as interim maintenance
₹2,00,000 for litigation expenses

She asserted that her husband, as a senior cardiologist at MJ Hospital, Cochin, earned:

A salary of ₹1,50,000 per month
₹20,00,000 monthly from a joint venture
₹2,73,000 monthly rental income from properties in Cochin
₹20,000 monthly rental income from his Chennai property
Additional income from various properties

The wife, holding an M.Sc. in Clothing and Textile, had briefly worked in 2012 but left her job under pressure from her husband.

Family Court’s Decision

The Family Court, after assessing the financial status and lifestyle of both parties, ruled that ₹1,75,000 per month was a reasonable amount for interim maintenance, effective from July 3, 2019, until the divorce case was resolved. It also observed:

The wife had no residence after separation and had to live with her elder brother.
The husband failed to produce income tax returns, raising doubts about his actual earnings.
Evidence suggested he inherited substantial property and was the legal heir to his father’s assets.
The couple had maintained a high standard of living, with domestic staff available round the clock.

Based on these findings, the Family Court directed the husband to pay ₹1,75,000 per month.

Madras High Court’s Reduction

The respondent husband appealed to the Madras High Court, arguing that his earnings were overstated. The High Court partially allowed his appeal and reduced the maintenance amount to ₹80,000 per month, citing:

The hospital’s 2017 agreement to pay him ₹1,25,000 per month.
No conclusive evidence that he was still earning from the joint venture.
Bank statements from 2017-2019 were insufficient to determine his present income.
His total proven income was estimated at ₹2,50,000 per month.

The High Court ruled that one-third of the husband’s income was a reasonable maintenance amount, hence fixing it at ₹80,000 per month.

Supreme Court’s Ruling

Both parties challenged the High Court’s ruling before the Supreme Court—the wife sought an increase in maintenance, while the husband sought a further reduction. After reviewing the evidence, the Supreme Court found that:

The High Court had wrongly excluded income from several properties.
The husband had inherited his father’s estate and continued to earn from multiple assets.
Rental income assessed by the High Court was based on only one property, ignoring others.
The respondent did not provide proof that his school was operating at a loss.
The wife was accustomed to a certain standard of living, which should be maintained during the proceedings.

Supreme Court’s Key Observations

The Court held:

“The appellant 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.”

It further stated:

“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.”

Final Judgment

The Supreme Court allowed the wife’s appeal, setting aside the High Court’s order and restoring the Family Court’s ruling. The husband was directed to pay:

₹1,75,000 per month as interim maintenance.
Maintenance effective from July 3, 2019, until the divorce proceedings conclude.

The husband’s appeal for a further reduction was dismissed.

Implications of the Judgment

This ruling reinforces several key principles in maintenance cases:

Maintaining a Standard of Living: The wife is entitled to the same lifestyle she had during the marriage.
Husband’s Full Income Must Be Considered: Courts must assess all sources of income, including undisclosed assets.
Failure to Disclose Income Can Backfire: The Court viewed the husband’s non-disclosure of tax returns as suspicious.
Property Ownership Matters: Inheritance and rental income are valid factors in maintenance calculations.

This judgment serves as a benchmark for future maintenance cases, ensuring fair treatment and financial security for spouses during divorce proceedings.

Petitioner Name: Dr. Rajiv Vergheese.
Respondent Name: Rose Chakkrammankkil Francis.
Judgment By: Justice Vikram Nath, Justice Prasanna B. Varale.
Place Of Incident: Chennai, Tamil Nadu.
Judgment Date: 19-11-2024.

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