ORDER

12.02.2019 Heard Mr. B. K. Das, learned counsel for the petitioner. I have also heard Mr. Sheeladitya, learned counsel for the respondent.

The order dated 25.06.2018 passed by the learned Sub-Divisional Judicial Magistrate(M), Kamrup at Rangia in M.R. Case No.54/2016 directing the petitioner (husband) to pay a sum of Rs.2000/- per month as maintenance to the respondent(wife) has been put under challenge in the present proceeding. The aforesaid direction was apparently issued by the learned court below on an admission made by the petitioner to the effect that his monthly income is Rs.4000/-.

Mr. Das has referred to a decision of the Supreme Court in Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy reported in (2017) 14 SCC 200 to submit that following the principles laid down in the case of Dr. Kulbhushan Kumar vs. Smt. Raj Kumari and another reported in 1970 (3) SCC 129, the Supreme Court has held that 25% of the husband’s net salary would be payable to the respondent(wife). Therefore, having regard to the materials available on record, the maintenance amount ought to have been Rs.1000/- being 25% of the sum of Rs.4000/-.

Mr. Sheeladitya, on the other hand, has strongly opp