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Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5369 of 2017)Decided 19 Apr 2017
Civil Appeal No. 5369 of 2017
Justice R. Banumathi · Justice Mohan M. Shantanagoudar

Background

After a long and acrimonious matrimonial history, including restitution-of-conjugal-rights proceedings, a dowry-harassment case ending in acquittal, judicial separation, and eventual divorce, the husband was already paying maintenance to his former wife and their son. On a review petition, the Calcutta High Court enhanced the monthly maintenance from Rs. 16,000 to Rs. 23,000, based on the husband's increased salary, and the husband challenged this enhancement before the Supreme Court.

Decision Breakdown

The Court held that Section 25(2) of the Hindu Marriage Act allows maintenance to be varied where there is a genuine change in the parties' circumstances, and found that the High Court was justified in enhancing the amount because the husband's net salary had risen substantially (from about Rs. 63,842 to Rs. 95,527 per month). Applying the general guideline that around 25% of the husband's net salary is a reasonable maintenance benchmark (following Dr. Kulbhushan Kumar v. Raj Kumari), the Court nonetheless reduced the enhanced amount from Rs. 23,000 to Rs. 20,000 per month, taking into account that the husband had remarried and had a child from his second marriage. The appeal was partly allowed on these terms, with no order as to costs.

Lesson Learnt

Maintenance amounts are not fixed for life: they can be revised up or down as a spouse's income or family circumstances genuinely change, but courts will balance the paying spouse's new financial responsibilities (such as a second family) against the recipient's needs rather than mechanically applying an income percentage.

Official source (sci.gov.in)View Judgment (PDF)

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