In Case of Divorce, 25% of Husband net salary would be given to Respondent–Wife: Supreme Court.

Admin | Update: 21/04/2017

In challenge in the appeal of Kalyan Dey Chowdhury Vs Rita Dey Chowdhury, The supreme court upheld Calcutta High Court observation, which by relying on a judgment of Apex Court, whereas It was held that 25 % of Husband’s net salary would be just and proper to be awarded as maintenance to the respondent-Wife. The amount of permanent alimony awarded to the Wife must be benefiting the status of the parties and the capacity of the spouse to pay maintenance.

        In this case, The High Court review the order pass earlier in an application filed under the Section 25(2) of the Hindu Marriage Act, there by observing that the net salary of the husband was 95,000/- per month, so enhancing the amount of maintenance from 16,000/- per month to 23,000/- per month.

         The Court also upholds the observation made by The High Court, referring to Dr Kulbhushan Kumar Vs Raj Kumari & Anr. 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.

          Maintenance is always depend on the factual situation of the case and the court would be justified in the molding the claim for the net salary of the husband was 95,000 per month, the high Court was justified in enhancing amount.

            However, The Appellant has got married second time and has a child from this marriage, Court reduce the amount of maintenance of 23,000/- to 20,000/- per month as maintenance to Respondent-Wife and Son.

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