Wife entitled same standard of living during divorce proceedings as she enjoyed in matrimonial home

Holding that during divorce proceedings a wife is entitled to enjoy the same standard of living and amenities she was enjoying in a matrimonial home, the Supreme Court ordered a man to pay Rs 1.75 lakh per month as interim maintenance to his wife.

“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,” a Bench led by Justice Vikram Nath said, restoring the family court’s order.

The Bench – which also included Justice Prasanna B. Varale – took note of the fact that the wife was not working and had ‘sacrified’ her employment after marriage.

After having got married on September 15, 2008, as per Christian customs, the couple had no children. The husband, who had a son from the previous marriage, filed for divorce in 2019 citing cruelty and incompatibility.

The wife sought an interim maintenance of Rs 2.50 lakh a month, claiming that her husband had significant income from medical practice, rentals and other business. A Chennai family court ordered the man to pay an interim maintenance of Rs 1.75 lakh a month to his estranged wife during the divorce proceedings. The maintenance amount was reduced to Rs 80,000 a month by the Madras High Court.

However, the top court on Tuesday said the high court did not fully consider evidence as to the husband's income. “We find that the High Court has erred in reducing the quantum of maintenance to Rs 80,000 per month,” it noted while enhancing the maintenance amount to Rs 1.75 lakh a month, as originally ordered by the family court.