A maintenance award unsupported by the husband’s established income must be reconsidered.

The petitioner-wife challenged the Family Court’s order allowing her application under Section 125 of the Code of Criminal Procedure, 1973, but awarding maintenance of only ₹10,000 per month.

The Family Court had found that she was living separately for sufficient reason and that the respondent-husband’s monthly income was ₹90,731.

The husband had been proceeded against ex parte before the Family Court and was not served at the address available to the High Court.

The wife argued that the award was inadequate in light of the husband’s income and Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nanday.

Whether the award of ₹10,000 per month was justified despite the Family Court’s findings that the wife had sufficient reason to live separately and the husband earned ₹90,731 per month.

Whether the impugned maintenance order should be set aside and the application reconsidered by the Family Court.

Section 125 CrPC provides for maintenance to a wife who is unable to maintain herself, subject to the statutory conditions.

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nanday, (2017) 14 SCC 200, the Supreme Court observed that, on the facts of that case, 25% of the husband’s net salary was just and proper maintenance; it also stated that maintenance depends on the factual circumstances and should reflect the parties’ status and the paying spouse’s capacity.

The judgment did not treat 25% as an automatic or inflexible entitlement.

The Family Court had accepted the wife’s sufficient reason for living separately and assessed the husband’s monthly income at ₹90,731, yet awarded only ₹10,000 per month.

The High Court found no justifiable reason for that award in light of the income finding and the principles discussed in Kalyan Dey Chowdhury.

Because the husband was absent and the matter concerned reassessment of the maintenance application, the Court set aside the order and remitted the application for fresh consideration rather than fixing a revised amount itself.

The impugned order was set aside, and the Section 125 CrPC application was restored to its original number and remanded to the Family Court for fresh decision.

The parties were directed to appear on 6 November 2026; if they did not, the Family Court was to issue fresh notices or summons.

Pending the fresh decision, the husband was directed to continue paying ₹10,000 per month under the impugned order.