Supreme Court: Divorced Wife Entitled to Same Lifestyle as During Marriage
In a significant ruling, the Supreme Court of India has stated that a wife undergoing divorce proceedings is entitled to maintain the same standard of living she enjoyed while married. The decision came in the case of Dr. Rajiv Verghese v. Rose Chakkrammankkil Francis, where the court restored a family court’s order directing the husband to pay ₹1.75 lakh per month as interim maintenance to his wife during their ongoing divorce case.
The bench, comprising Justices Vikram Nath and Prasanna B. Varale, emphasized that a wife should not face a diminished lifestyle during divorce proceedings. “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.
The couple, married in 2008 under Christian customs, faced marital discord, leading the husband to file for divorce in 2019, citing incompatibility and cruelty. The wife, who had given up her employment after marriage, sought ₹2.5 lakh monthly maintenance, highlighting her husband’s substantial income from his medical practice, property rentals, and business ventures. The family court initially granted ₹1.75 lakh per month, but the Madras High Court reduced this amount, prompting the wife’s appeal to the Supreme Court.
Reinstating the family court’s order, the Supreme Court underscored that maintenance should reflect the dependent spouse’s accustomed lifestyle and the earning spouse’s financial capacity. The court set aside the Madras High Court’s order dated December 1, 2022, and directed the husband to pay ₹1.75 lakh monthly as interim maintenance, as originally ordered on June 14, 2022.
This ruling reinforces the principle that maintenance during divorce proceedings should ensure the wife’s standard of living remains consistent with what she experienced during the marriage, balancing fairness and financial realities.
