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VIKRAM NATH, PRASANNA B. VARALE
Rajiv Verghese – Appellant
Versus
Rose Chakkrammankkil Francis – Respondent
JUDGMENT
1. Leave granted.
2. These are two appeals arising out of the impugned order dated 01.12.2022 passed by the Madras High Court in C.M.A. No.1539 of 2022, whereby the High Court has reduced the maintenance amount to be paid to the wife from Rs.1,75,000/-(Rupees One Lakh and Seventy-five thousand only) per month to Rs.80,000/- (Rupees Eighty Thousand only) per month. Both parties have challenged the said order of the High Court. The husband is the appellant in appeal @ SLP(C) No.4109/2023 and the wife is the appellant in appeal @ SLP(C) No.19922/2023. The husband is praying for further reduction of the maintenance amount and the wife is praying for enhancement of the same. For our purpose, the wife will be referred to as the ‘appellant’ and the husband as the ‘respondent’.
3. The factual background of the present case is that the marriage between the appellant wife and respondent husband was solemnised on 15.09.2008 according to Christian customs. The respondent husband had one son from his previous marriage and there are no issues from this marriage. As the relations between the parties got estranged, on 19.03.2019, the respondent husband filed a petition for divorce being IDOP
Quantum of maintenance must be compatible with standard of living of estranged wife in her matrimonial home.
The right to maintenance is a fundamental right under Article 21, taking precedence over statutory rights of creditors.
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The main legal point established in the judgment is the interpretation of Section 125 Cr.P.C. and the determination of the quantum of maintenance, emphasizing the husband's obligation to maintain his....
The main legal point established in the judgment is the application of Section 24 of the Hindu Marriage Act and the principle that maintenance should not be less than 25% of the husband's monthly sal....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance—There should be grant of interim maintenance not only to see equal standard of maintenance of life by both wife and husband but also to ensure wife maintains a minimum standard of....
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