25% of the husband’s net salary would be just and proper as maintenance to wife

Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy– In this case, the Supreme Court seminally delved into the issue of enhancement of maintenance under Section 25 (2) of the Hindu Marriage Act, 1955. This provision confers discretion on the Court to vary, modify or rescind maintenance order in such manner as the court deems fit.

With reference to this provision, the Supreme Court remarked that it confers ample power on the Court to vary, modify or discharge any order for permanent alimony or permanent maintenance that may have been made in any proceeding having regard to the “change in the circumstances of the parties”. There must be some change in the circumstances of either party which may have to be taken into account when an application is made under Sub-section (2) of Section 25 for variation, modification or rescission of the order as the Court may deem just.

In the case, the Respondent- wife filed review petition. In the earlier order the Court had awarded a maintenance of Rs. 16,000/- to the respondent-wife as well as to her minor son. However, later on the husband’s net salary increased to Rs. 95,527/-. The Supreme Court while deciding the review petition made reference to the case of Dr. Kulbhushan v. Raj Kumari & Anr.[4], wherein it was held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife.

Other remarkable observations made by the Court in the case were:

That the amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance.
That maintenance is always dependant on the factual situation of the case and the Court would be justified in moulding the claim for maintenance passed on various factors. That since in February, 2016, the net salary of the husband was Rs. 95,000/- per month, the High Court was justified in enhancing the maintenance amount.