Delivering the split of order of the Supreme Court (SC) of India on November 19, 2024 (Yesterday), Justice held that a woman who files for divorce is allowed to lead similar lifestyle as they used to enjoy while living with their husband. The Division Bench of the SC comprising of Honourable Justice Vikram Nath and Honourable Justice Prasanna B Varale while passing its order said that, the appellant wife was having a standard of her living in the matrimonial home therefore, during the pendency of the divorce petition, she is also entitled to enjoy amenities of life as she would be entitled to, were she staying in the matrimonial home. The bench was hearing two appeals, filed by the husband where he wanted the maintenance amount lowered, and the other file by the wife where she wanted the amount to be raised. These appeals relate to the impugned order dated 12.12.2022 passed by the Madras High Court wherein the direction for monthly maintenance payable to the wife has been slashed from Rs.1,75,000/-(Rupees One Lakh and Seventy-five thousand only) to Rs.80,000/- (Rupees Eighty Thousand only). Hereinafter, the appellant/wife and the respondent/husband got married on 15/09/2008 legally in accordance with the Christian marriage. It didn’t produce any issues, and the husband had one son from the previous wife. It is in 2019 the husband sought a divorce under Section 10 (i) of the Indian Divorce Act, 1869 based on married life incompatibility. He accused her of cruelty while recounting sundry happenings and then prayed for divorce. Interim maintenance sought by the wife during trial which is within the trial is Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand only) per month. On relegating the status of the parties together with the standard of living, income and the assets, this region, the Family Court inter alia stated “It would be reasonable for the respondent/husband herein to pay Rs.1,75,000/- per month for the maintenance of the applicant/wife and directed the respondent to do so for interim maintenance.” However, High Court cut down the sum to Rs. 80,000/- per month as maintenance. Besides, the matter was taken to the supreme court. After hearing the matter and taking into consideration a number of factors including that the wife had to leave her job, the bench said, “It’s herein evident and we agree with the bench of the High Court that the order reducing the quantum of maintenance to Rs.80,000/- (Rupees Eighty Thousand only) per month was incorrect.” The High Court has regarded only two streams of income in the case of the respondent. First of all, the regular income he receives from his practice as Cardiologist in the Hospital amounts to Rs.1,25,000/- (Rupees One Lakh and Twenty-Five Thousand only) only. Secondly the amount of rent which he and his mother get from a property which according to High Court he receives only fifty percent. However, the High Court has not stepped into the conclusion made by the Family Court that the respondent possesses several valuable properties and they learnt that he is the only legal heir of his father. This the Family Court observed that the respondent has been dwelling all the incomes from properties belonging to his mother. The High Court has not considered whether the number of properties the respondent owns and whether the rental income is of one property only.”Finally, the top court directed: “We permit the appeal of the appellant-wife and qua the appellant-husband, we set aside the impugned order made in the Maddys Care Child Care Private Ltd(sic) on 01.12.2022 and restore the order passed by the Family Court. It was further ordered that the respondent/husband shall deposit interim maintenance in the sum of Rs.1,75,000/-Rupees One Lakh and Seventy-Five Thousand only per month on the order of Family Court, Sitamarhi dated 14.06.2022. Thus, the Supreme Court dismissed the husband annulling his appeal.