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Supreme Court of India · 2017

Kalyan Dey Chowdhury v. Rita Dey Chowdhury

In 2017 the Supreme Court ordered maintenance of Rs 20,000 a month in Kalyan Dey Chowdhury v. Rita Dey Chowdhury, against a declared income of Rs 95,527 a month.

(2017) 14 SCC 200Supreme Court of India2017Section 25 HMA

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Awarded

Rs 20,000a month, about Rs 30,909 in today's money

Award type

Monthly

Husband's income

Rs 95,527about Rs 1,47,631 today

Marriage lasted

22 years

Children

1

Claimed under

Section 25 HMA

Outcome

Granted

What the court was looking at

By the date of the petition the marriage was 22 years old. There was one child, so child maintenance sat alongside the wife's own claim. The husband was described as salaried.

R. Banumathi and Mohan M. Shantanagoudar JJ, Civil Appeal No. 5369 of 2017, decided 19 April 2017

What the court held

The holdingTwenty five percent of the husband's net salary is just and proper as maintenance to the wife. The marriage was solemnised in 1995 and there was one child. The husband's net salary was about Rs 95,000 a month. The High Court had enhanced maintenance to Rs 23,000; the Supreme Court reduced it to Rs 20,000 because he had remarried and had a child from the second marriage.

Why it is still cited

This is where the 25 percent benchmark that runs through Indian maintenance practice was most clearly stated. It is the number most lawyers open with.

How it gets misread

Read it with thisThe reduction from Rs 23,000 to Rs 20,000 is the part people forget. The benchmark is a starting point that moves for the payer's other obligations, and a second family is a recognised reason to move it.

The point of interest

25% net salary rule established.

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 2017 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.

The calculator walks the same factors a magistrate does, then shows you the judgements nearest your facts.

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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
Bhuwan Mohan Singh v. MeenaSupreme Court of India2014Rs 2,500Rs 4,399 in today's moneySection 125 CrPCGranted
Sunita Kachwaha v. Anil KachwahaSupreme Court of India2014Rs 3,000Rs 5,279 in today's moneySection 125 CrPCGranted
U. Sree v. U. SrinivasSupreme Court of India2012Rs 50,00,000Rs 1,03,78,738 in today's moneySection 25 HMAGranted
Parvin Kumar Jain v. Anju JainSupreme Court of India2024Rs 5,00,00,000Section 25 HMAGranted
Rinku Baheti v. Sandesh Sharda (Rs 12 Cr)Supreme Court of India2024Rs 12,00,00,000Article 142Granted

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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