SC RULED THAT WIFE ENTITLED TO MATRIMONIAL LIVING STANDARDS DURING DIVORCE PROCEEDINGS 

by | Nov 21, 2024

Headline

The Supreme Court of India revives in divorce case an interim Maintenance of 1.75 Lakh rupees monthly for Wife.

Summary

The Supreme Court of India restored a decision of the Family Court in granting ₹1.75 lakh as monthly interim for the maintenance of a wife during divorce proceedings,by making sure that her standard of living matches what she is living during the marriage.

Key Facts

  • Case Name: Dr. Rajiv Verghese vs. Rose Chakkrammankkil Francis
  • Judges Name: Justice Vikram Nath and Justice Prasanna B. Varale.
  • Marriage happened in 2008 under Christian customs; no children..
  • In 2019, the husband filed for divorce stating incompatibility and cruelty.
  • Wife asked for 2.5 lakh rupees monthly interim maintenance, showing the considerable income of the husband from medical practice, rentals, properties and other sources.
  • The Family Court awarded ₹1.75 lakh; Madras High Court decreased it to ₹80,000.
  • The Supreme Court of India restored ₹1.75 lakh, stating the right of the wife to matrimonial living standards and the multiple income sources of the husband.

Legal Insights

The judgment of the Supreme Court showcases that maintenance must make sure that the dependent spouse maintains an equivalent standard of living during divorce proceedings.

Impact

This sets a precedent by making sure that just evaluation of financial capabilities and maintenance rights, mainly for non-earning spouses.

Why It Matters

The decision of the Supreme Court reaffirms the principle that economic dependence and sacrifices made during marriage deserve safeguard under law.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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