Supreme Court Restores Family Court Order: Interim Maintenance Fixed at ₹1.75 Lakh for Estranged Wife. Ensuring dignity and standard of living for estranged spouses during divorce proceedings.

Case Note & Summary

The Supreme Court restored the Family Court's order granting interim maintenance of ₹1.75 lakh per month to the wife. It held that the High Court erred in reducing the amount to ₹80,000, failing to consider all income sources and properties of the husband.

Acts and Sections Discussed

Indian Divorce Act, 1869: Section 10(i) - Grounds for divorce. Maintenance Jurisprudence: Principles for determining interim maintenance. 1. Leave Granted

The appeals were filed against the Madras High Court's reduction of maintenance from ₹1.75 lakh to ₹80,000. Both parties contested the decision.

2. Marriage and Breakdown of Relationship

The marriage solemnized in 2008 ended in estrangement, leading to the husband filing for divorce in 2019 under Section 10(i) of the Indian Divorce Act, citing incompatibility and cruelty.

3. Wife’s Interim Maintenance Claim

The wife sought ₹2.5 lakh monthly maintenance, citing the husband's substantial income from his medical practice, joint ventures, rental properties, and other assets.

4. Family Court’s Findings (Para 5-8) Husband’s income sources were not fully disclosed; he did not produce income tax returns. The wife, forced to leave her job after marriage, had no income. The Family Court awarded ₹1.75 lakh per month, accounting for the husband's high income, assets, and the wife's accustomed standard of living. 5. High Court’s Reduction (Para 9-10)

The High Court reduced the maintenance to ₹80,000, considering only two income sources:

₹1.25 lakh monthly salary from his hospital job. ₹2.73 lakh rental income shared with his elderly mother.

The High Court failed to examine the respondent’s additional properties and other potential income streams.

6. Supreme Court’s Observations (Para 11)

The Supreme Court noted that:

The High Court overlooked the Family Court's findings regarding additional income sources and properties. The wife, accustomed to a certain lifestyle, deserves maintenance to uphold her dignity during the divorce process. 7. Decision and Directions (Para 12-13) Restored the Family Court’s order of ₹1.75 lakh monthly maintenance. Dismissed the husband’s appeal for further reduction. Ratio Decidendi: Maintenance should ensure the dependent spouse maintains the standard of living they were accustomed to during the marriage. Courts must consider all income sources and assets, including undisclosed ones, to determine the maintenance quantum. Spouses with a higher financial capacity owe a duty to support their estranged partners, particularly when the latter sacrifices career opportunities due to marital circumstances. Subjects:

Interim Maintenance, Marital Disputes, Divorce ProceedingsMaintenance Law, Indian Divorce Act, Standard of Living, Estranged Spouses, Family Court, Interim Relief, Property Assessment