Wife entitled to enjoy same amenities as in matrimonial period during pendency of divorce petition: SC

New Delhi (The Uttam Hindu): The Supreme Court has said that during the pendency of the divorce petition, a wife is entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. The observation was made by a bench of Justices Vikram Nath and P.B. Varale as it dealt with the cross-appeals filed against the December 2022 order of the Madras High Court reducing, to Rs 80,000, the maintenance amount to be paid to the wife.

Before the apex court, the husband prayed for further reduction of the maintenance amount while the wife prayed for enhancement of the same.The marriage between the parties was solemnised in 2008 according to Christian customs. As the relations between them got estranged, the husband filed a petition for divorce under the Indian Divorce Act, 1869, alleging cruelty.

During the pendency of the divorce petition, the wife filed an application before the Chennai family court praying for maintenance of Rs 2,50,000 per month along with litigation expenses. She claimed that the husband is a cardiologist and has several sources of income. The wife added that she has an M.Sc. degree in Clothing and Textiles and she worked in 2012 for about ten months but she was forced to leave her job as her husband was against her working.The family court, after evaluating the status, standard of living, income, and assets of the parties, held that Rs 1,75,000 per month would be a reasonable amount to be paid to the wife as interim maintenance.

The aggrieved husband filed an appeal before the Madras High Court, which partially allowed the appeal and reduced the interim maintenance amount to R 80,000 per month.In its judgment, the Supreme Court said: "We find that the High Court has erred in reducing the quantum of maintenance to Rs 80,000 per month. The High Court has considered only two sources of income for the respondent. Firstly, the sum of Rs 1,25,000 that he earns from working as a cardiologist at the Hospital. Secondly, the rent amount he and his mother receive from a property, of which the High Court has stated that he receives half the amount only. However, the High Court has not dealt with the findings of the family court wherein the respondent (husband) is said to own a number of worthful properties and the fact that he is the only legal heir of his father."

Allowing the wife’s appeal, the top court restored the order of the family court directing the husband to pay Rs 1,75,000 per month as interim maintenance. It took note of the fact that the wife is not working as she sacrificed her employment after the marriage."The appellant (wife) 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," the court observed.