Ill-health can justify lower interim maintenance

The Karnataka High Court, exercising jurisdiction under Article 227, partly allowed a challenge to an interim maintenance order passed by the Family Court, Bengaluru in a matrimonial proceeding under Section 36 of the Special Marriage Act, 1954.

The parties were married on 28 July 2010 and separated in January 2015. In the husband’s divorce petition, the wife sought interim financial support. The Family Court awarded Rs. 20,000 per month from the date of the application, along with Rs. 30,000 towards litigation expenses.

Before the High Court, the husband pointed out two kinds of issues. First, the Family Court order contained clerical mistakes, including a wrong reference to the wife’s name and an incorrect mention of the children’s gender. Second, he argued that the maintenance amount was excessive in light of his present condition. He was 83 years old, chronically ill, and had been an inpatient at a neuro-rehabilitation centre since 31 May 2024. He also claimed that his medical expenses and liabilities had left him without income.

The Court accepted that the clerical mistakes did not affect the substance of the maintenance order and could be corrected by the trial court on a proper application under Section 152 of the Code of Civil Procedure.

On quantum, the Court referred to Rajnesh v. Neha, (2021) 2 SCC 324, and noted that the serious disability or ill-health of a spouse is a relevant factor while fixing maintenance. The Court held that the husband’s documented inpatient status and medical condition had to be given due weight, especially when balancing the wife’s entitlement to support against the husband’s present medical burden.

Accordingly, the Court modified the interim maintenance from Rs. 20,000 to Rs. 15,000 per month, payable from 18 July 2022 until disposal of the main petition. The award of Rs. 30,000 towards litigation expenses was upheld as reasonable. The Court also directed payment of arrears at the modified rate within eight weeks.

Practical takeaway: Courts may reduce interim maintenance where credible medical evidence shows severe illness, advanced age, and recurring care costs, but clerical errors in the order will not by themselves undo the substantive relief.