Maintenance to be awarded at 25% of husband’s net salary in accordance with settled legal principles.

The petitioners (wife and minor daughter) challenged an order dated 27/5/2022 passed by the Additional Principal Judge, Family Court, Bhopal in MJCR No. 1222/2018.

The Family Court had awarded a total monthly maintenance of Rs. 5,000 (Rs. 3,000 for the wife and Rs. 2,000 for the daughter).

Although the respondent-husband—an employee of the Central Government—did not submit his pay-slip, the Family Court determined his monthly income to be Rs. 29,167.

The petitioners contended that the maintenance awarded was Lucre/disproportionately low relative to the established income.

1. Whether the Family Court committed an illegality by awarding only Rs. 5,000 as maintenance despite finding the husband's income to be Rs. 29,167 per month.

2. Whether the maintenance award complied with the guidelines established by the Supreme Court regarding the proportion of salary to be awarded to dependents.

Section 125 of the Cr.P.C. regarding the obligation to maintain wives and children.

Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy (2017) 14 SCC 200, which establishes that 25% (1/4th) of the husband's net salary is generally considered a just and proper amount for maintenance.

Rajnesh v. Neha (2021) 2 SCC 324, which directs parties to file affidavits of assets and liabilities to determine financial capacity accurately.

The High Court observed that the Family Court failed to explain the rationale behind awarding a mere Rs. 5,000 when it had explicitly recorded the husband’s income as Rs. 29,167.

The court noted a procedural lapse as the salary slip was not on record, citing a violation of the mandate in Rajnesh v. Neha.

By applying the Kalyan Dey Chowdhury precedent, the court reasoned that the awarded amount was significantly lower than the benchmark of 25% of the husband's net income.

Consequently, the High Court found the impugned order "unsustainable" as it lacked a logical nexus between the respondent's identified income and the maintenance quantum.

The matter was remanded to the Family Court, Bhopal, for a fresh decision on the Section 125 Cr.P.C. application in accordance with law; the parties were directed to appear on 26/8/2026 and the respondent was ordered to continue paying the existing Rs. 5,000 monthly maintenance until the fresh disposal of the application as an interim measure.