In a significant development in a long-running matrimonial dispute, the Supreme Court of India has put on hold a Bombay High Court order that had dramatically increased the interim monthly maintenance payable to a wife. The apex court's intervention came after the husband challenged the High Court's decision to enhance the amount from Rs 50,000 to Rs 3.5 lakh per month.
Legal Battle Over Maintenance Enhancement
The case originates from a divorce petition filed by the husband back in 2015. The family court in Mumbai had initially granted the wife an interim maintenance of Rs 50,000 per month in its order dated February 24, 2023. However, the Bombay High Court, in a subsequent ruling on November 10, took a starkly different view. The HC not only enhanced the maintenance sevenfold to Rs 3.5 lakh but also made critical observations about the husband's conduct.
The High Court bench noted that the estranged husband had approached the court with "unclean hands and lack of credibility." This strong remark formed the basis for the substantial increase in the maintenance amount, which the husband later contested in the Supreme Court.
Supreme Court's Interim Order and Conditions
A Supreme Court bench comprising Justice Ahsanuddin Amanullah and Justice K Vinod Chandran heard the matter on Monday. The husband's legal team, led by senior counsel Madhavi Divan, argued that the High Court had erred in its judgment to enhance the maintenance. The wife's side was represented by senior counsel Kamini Jaiswal.
The apex court issued a crucial interim order. While it agreed to hear the husband's challenge, it stayed the operation of the High Court's order that directed payment of the enhanced Rs 3.5 lakh maintenance. However, this stay was granted under two strict conditions:
- The husband must pay all up-to-date arrears as per the original family court order of Rs 50,000 per month within four weeks.
- He must continue to pay the monthly maintenance of Rs 50,000 as awarded by the family court without fail.
Only upon compliance with these conditions would the stay on the enhanced maintenance amount remain effective.
Next Steps in the Prolonged Dispute
The Supreme Court has scheduled the next hearing in this case for January 20. The court has granted the wife time until then to file her formal reply to the husband's petition. The legal tussle, which began with the divorce petition in 2015, continues to unfold, highlighting the complexities of maintenance laws in matrimonial disputes.
This case underscores the evolving judicial interpretation of interim maintenance, where courts are increasingly scrutinizing the financial disclosures and conduct of the parties involved. The final outcome, expected after the January hearing, will be closely watched for its implications on similar family law matters across India.
