Calcutta HC Raises Wife’s Interim Maintenance From ₹20,000 To ₹35,000 A Month, Citing Husband’s ₹1.93 Lakh Net Pay

In a matrimonial suit, the Trial Court had fixed the wife’s maintenance pendente lite at ₹20,000 per month and directed the husband to bear 50% of their son’s educational expenses.

The wife later sought enhancement, stating that the husband’s income had increased and that the existing maintenance was inadequate. The Trial Court rejected her application.

In revision, the husband produced a July 2026 pay slip showing net monthly pay of ₹1,92,994; the parties’ submissions also indicated that he was paying 50% of the son’s educational expenses.

The wife confined her request to enhancement of her own maintenance.

The Court relied on the principles laid down in Rajnesh v. Neha and Another, (2021) 2 SCC 324, in assessing maintenance, including the need to consider the parties’ circumstances and enable the claimant to live in a manner commensurate with the status enjoyed in the matrimonial home.

The judgment identifies no specific statutory provision as the basis for its decision.

The Court considered the husband’s net monthly pay of ₹1,92,994, his contribution to the son’s educational expenses, and the wife’s circumstances and standard of living.

It noted that the husband’s payment towards the son’s education was separate from the wife’s maintenance, and concluded that ₹20,000 per month was insufficient in light of the husband’s income and the applicable maintenance principles. It therefore fixed the wife’s maintenance at ₹35,000 per month.

Payment at the enhanced rate was to begin in November 2026; arrears were directed to be paid in four equal monthly instalments beginning in December 2026.

The impugned order was modified to that extent, and the application was disposed of.