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Dr. Rajiv Verghese vs. Rose Chakkrammankkil Francis

Not available · 2024 INSC 876Decided 19 Nov 2024
Not available
Justice Vikram Nath · Justice Prasanna B. Varale

Background

The wife sought interim maintenance during her divorce proceedings against her husband, a cardiologist with substantial income from his practice, a joint business venture, and rental properties. The Family Court fixed maintenance at Rs.1,75,000 per month after evaluating the husband's overall standard of living and assets, but the Madras High Court reduced this to Rs.80,000 per month, largely because it considered only two narrow income sources (his hospital salary and half of one property's rent) and found other evidence dated or insufficiently proven. Both spouses cross-appealed to the Supreme Court: the husband seeking further reduction, the wife seeking restoration of the higher amount.

Decision Breakdown

The Supreme Court held that the High Court had erred by ignoring key findings of the Family Court, particularly that the husband owned multiple valuable properties, was the sole legal heir to his father's estate, and possessed an unaccounted-for school property, none of which the husband had disputed with proof. The Court also noted that the wife had sacrificed her own career after marriage and was entitled to maintain a standard of living comparable to what she enjoyed in her matrimonial home during the pendency of the divorce. It restored the Family Court's original order of Rs.1,75,000 per month and dismissed the husband's appeal for a further reduction.

Lesson Learnt

When fixing interim maintenance, courts must look at a spouse's complete financial picture, including inherited and unaccounted assets, not just easily documented salary figures, and a homemaker spouse who gave up a career is entitled to maintain her prior matrimonial standard of living during the divorce process.

Official source (sci.gov.in)View Judgment (PDF)

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