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Supreme Court of India · 1970

Dr. Kulbhushan Kumar v. Raj Kumari

In 1970, the Supreme Court fixed maintenance at Rs 250 a month in Dr. Kulbhushan Kumar v. Raj Kumari.

(1970) 3 SCC 129Supreme Court of India1970HAMA Section 18

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Awarded

Rs 250a month, about Rs 13,430 in today's money

Award type

Monthly

Child maintenance

Rs 150a month

Marriage lasted

25 years

Children

1

Claimed under

HAMA Section 18

Outcome

Granted

What the court was looking at

The marriage had run 25 years by the time it reached court, which puts it in the over 15 years bracket. There was one child, so child maintenance sat alongside the wife's own claim. The husband was described as reader in medicine.

What the court held

The holdingMaintenance was fixed at roughly 25 percent of the husband's income, with a separate sum for the child.

Why it is still cited

This is the origin of the proportion every later judgement cites. Kalyan Dey Chowdhury (2017) rests on it, and so does most of what a magistrate will assume in 2026.

How it gets misread

Read it with thisThe figures look almost comic at face value: Rs 250 a month for the wife and Rs 150 for the child. Restated in today's money that is roughly Rs 13,400 and Rs 8,100 a month. Read flat, the case is routinely dismissed as ancient and irrelevant. Read properly, it is neither.

The point of interest

Original 25% rule.

How it fits the framework

Since Rajnesh v. Neha in 2020, every maintenance order in India is meant to work through the same list of factors: the standard of living the marriage ran at, what the applicant reasonably needs, whether she is qualified and earning, and whether she gave up work for the family. A judgement from 1970 was decided before that list was written down, but the reasoning behind it is the reasoning courts had been applying for decades. There is a fuller account in how maintenance is calculated.

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Judgements near this one

Ranked by court, then by income bracket and marriage length rather than by date, so the comparison is with cases a court would actually treat as similar. Every row links to its own page.

CaseCourtYearAwardedClaimed underOutcome
Shah Bano (Mohd. Ahmed Khan v. Shah Bano Begum)Supreme Court of India1985Rs 179Rs 2,909 in today's moneySection 125 CrPCGranted
Jasbir Kaur Sehgal v. District Judge DehradunSupreme Court of India1997Rs 5,000Rs 28,018 in today's moneySection 24 HMAGranted
Bhagwan Dutt v. Kamla DeviSupreme Court of India1975Not statedSection 125 CrPCGranted
Chaturbhuj v. Sita BaiSupreme Court of India2008Not statedSection 125 CrPCGranted
U. Sree v. U. SrinivasSupreme Court of India2012Rs 50,00,000Rs 1,03,78,738 in today's moneySection 25 HMAGranted

Sources

This page summarises a reported judgement for general information. It is not legal advice and it is not a substitute for reading the judgement itself or speaking to a lawyer about your own facts.

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