SC modifies Bombay High Court’s order as an interim measure during the pendency of appeal in a divorce petition

Supreme Court: A bench of N.V. Ramana and S. Abdul Nazeer JJ., modified the order of the High Court of Bombay in a divorce petition filed seeking for the modification of the maintenance and alimony amount.

The facts of the case state that the appellant (wife) had filed a petition under Section 27(1)(d) of the Special Marriage Act, 1954 before the Family Court in Mumbai seeking permanent alimony of Rs 30,00,00,000/- and interim maintenance of Rs 3,50,000/- for herself along with Rs 2,50,000/- for her minor daughter. Though, the Family Court had partly allowed the appellant’s application for interim maintenance. On obtaining the final order of divorce from the family Court and being dissatisfied with the same, the parties preferred an appeal to the High Court. Further, the appellant being aggrieved of the order of the High Court approached the Supreme Court seeking relief.

Therefore, the Supreme Court on considering the facts and orders passed by the High Court and Family court observed that considering the merits of the order of the High Court it did not require interference. In order to balance the interests of the parties, the Supreme Court modified the High Court’s order by allowing the withdrawal of Rs 2 Crores by the wife during intra-appeal as an interim measure. [Udita Nabha v. Ranjeet Nabha,2018 SCC OnLine SC 695, dated 16-07-2018]

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