SC ने मद्रास हाईकोर्ट का फैसला पलटा: कहा- तलाक केस के दौरान पत्नी उन्हीं सुविधाओं की हकदार, जो उसे ससुराल में मिलती हैं

The Supreme Court changed the decision of the Madras High Court and upheld the order of the Family Court.

The Supreme Court said that during the pendency of the divorce petition, the wife is entitled to the same facilities that she gets in her in-laws’ house after marriage.

The court overturned the decision of Kerala High Court in a divorce case and gave relief to the wife and ordered her husband to pay Rs 1.75 lakh per month instead of Rs 80 thousand for maintenance.

In fact, on December 1, 2022, the Kerala High Court had ordered the husband to pay maintenance of Rs 80 thousand per month. After this the woman filed a petition in the Supreme Court.

Now know what this matter is

The woman was married to a doctor (cardiologist) in 2008. The husband had a son from his first marriage. He had no children from the woman. After a few years of marriage, discord started between the two. Both started living separately.

In 2019, the husband filed a divorce petition in the family court of Chennai. During the hearing, the woman had demanded monthly maintenance of Rs 2.50 lakh and case expenses of Rs 2 lakh.

The family court had ordered the husband to pay Rs 1.75 lakh per month for the maintenance of his wife. This decision of the court was challenged by the husband in the Madras High Court.

Supreme Court overturned High Court’s decision

The case was heard in the Supreme Court on 19 November. The bench of Justice Vikram Nath and Justice PB Varale changed the decision of Madras High Court dated 14 June 2022. Instructed to pay maintenance of Rs 1.75 lakh to the husband instead of Rs 80 thousand per month.

The bench said – While giving the verdict, the High Court ignored the aspects related to the husband’s income, which were considered by the Family Court. The Family Court had compared the condition, life standard, income source, property, responsibilities of the husband, in which it had found that the wife cannot be taken away from the special rights given to her by the husband.

The bench said that it is on record that the woman is no longer working, as she had left the job after marriage. The woman was accustomed to the lifestyle prescribed in her marital home (in-laws’ house). Therefore, she is entitled to the same lifestyle while the divorce petition is pending.

Husband is a famous cardiologist, he has many properties The bench said- Documents show that the husband is a famous cardiologist in Kerala. He is also the sole legal heir of his father. His parents have passed away. In such a situation, the doctor husband has many expensive properties. He also has a school, although it is running at a loss.

In 2017, the husband used to get a salary of Rs 1.25 lakh every month from a hospital in Kerala. We feel that the High Court made a mistake in reducing the amount of maintenance to Rs 80 thousand per month.

The High Court paid attention to only two sources of income of the husband. Whereas apart from the salary he gets from the hospital and the rent his mother gets from the property, he also has many properties.

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