Key Points: The order of maintenance was originally set at Rs.16,000 per month for the wife and her minor son, but was later enhanced to Rs.23,000 per month by the High Court upon review (!) (!) (!) . The appellant-husband's net salary increased from Rs.63,842 to Rs.95,527 between the relevant periods, indicating a change in financial circumstances (!) . The appellant argued that the increased maintenance amount was excessive given his current income and the respondent's earning capacity, and requested a reduction back to Rs.16,000 (!) . The respondent contended that the increased maintenance was justified due to her qualifications, earning capacity, and the expenses related to her son's higher education, and supported the Rs.23,000 amount (!) . The court acknowledged the change in circumstances and the principles governing variation of maintenance orders, ultimately reducing the maintenance from Rs.23,000 to Rs.20,000 per month (!) (!) . The final order mandates the appellant to pay Rs.20,000 per month to the respondent wife, payable on or before the 10th of each month, with no costs awarded (!) (!) .

KALYAN DEY CHOWDHURY vs RITA DEY CHOWDHURY NEE NANDY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(SC) 375

R.BANUMATHI, MOHAN M.SHANTANAGOUDAR
KALYAN DEY CHOWDHURY – Appellant
Versus
RITA DEY CHOWDHURY NEE NANDY – Respondent

Judgement Key Points

Key Points:

The order of maintenance was originally set at Rs.16,000 per month for the wife and her minor son, but was later enhanced to Rs.23,000 per month by the High Court upon review (!) (!) (!) .
The appellant-husband's net salary increased from Rs.63,842 to Rs.95,527 between the relevant periods, indicating a change in financial circumstances (!) .
The appellant argued that the increased maintenance amount was excessive given his current income and the respondent's earning capacity, and requested a reduction back to Rs.16,000 (!) .
The respondent contended that the increased maintenance was justified due to her qualifications, earning capacity, and the expenses related to her son's higher education, and supported the Rs.23,000 amount (!) .
The court acknowledged the change in circumstances and the principles governing variation of maintenance orders, ultimately reducing the maintenance from Rs.23,000 to Rs.20,000 per month (!) (!) .
The final order mandates the appellant to pay Rs.20,000 per month to the respondent wife, payable on or before the 10th of each month, with no costs awarded (!) (!) .

JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. Challenge in this appeal is to the order dated 15.09.2016 passed by the High Court at Calcutta in RVW No.85 of 2016 in C.O. No.4228 of 2012, reviewing an order dated 02.02.2015 passed earlier in an application filed under Section 25(2) of the Hindu Marriage Act, 1955, thereby enhancing the amount of maintenance from Rs.16,000/-per month to Rs.23,000/-per month.

3. Parties are entangled in several rounds of litigation. Background facts in a nutshell are as follows: The marriage of the appellant and the respondent was solemnized on 10.08.1995 as per Hindu rites and customs at the appellant’s residence at Kalna. A male child was born on 04.10.1996 at Chandannagore who is now a major pursuing his college education. After the birth of child, it is alleged that the respondent continued in her parent’s house. The appellant-husband requested the respondent to return to the matrimonial home at Kalna alongwith the child. It is alleged that instead of acceding to the request of the appellant-husband and returning back to the matrimonial home, the respondent-wife insisted that the appellant-husband shifts to her father’s place at Chandannagore.

4. Ap

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2017 Supreme(SC) 375

R.BANUMATHI, MOHAN M.SHANTANAGOUDARKALYAN DEY CHOWDHURY – AppellantVersusRITA DEY CHOWDHURY NEE NANDY – Respondent

Cases Referred (1)

R.BANUMATHI, MOHAN M.SHANTANAGOUDAR
KALYAN DEY CHOWDHURY – Appellant
Versus
RITA DEY CHOWDHURY NEE NANDY – Respondent