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Supreme Court of India 2017-04-19 partly_allowed

Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy

Bench: 2 — R. Banumathi

In Brief

This case concerns the modification of a maintenance order in matrimonial proceedings. The appellant-husband challenged the High Court's decision to enhance his ex-wife's maintenance from Rs.16,000/- to Rs.23,000/- per month under Section 25(2) of the Hindu Marriage Act. The Supreme Court held that while maintenance should broadly reflect 25% of the husband's net salary and adjust for changed circumstances (here, increased salary from Rs.63,842/- to Rs.95,527/-), it must also account for the payor's new obligations from a second marriage and child. The Court partly allowed the appeal, reducing the maintenance to Rs.20,000/- per month, finding this just and proper in the individual circumstances of the case."

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Hindu Marriage Act Family Law Alimony and Maintenance Civil Procedure Constitutional Law

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