22 Sep 2026
Maintenance In Family Disputes: How Courts Decide The Amount
28 Mar 2026
28 Mar 2026
This is a link-enhanced version of an article that first appeared in Outlook Money
Article Overview:
The article explains that Indian courts determine maintenance in family disputes based on factors such as the spouses’ standard of living during marriage, financial capacity, dependants, and actual income gaps, with the objective of ensuring parity in lifestyle rather than mere subsistence.
Our Partner, Tanmay Patnaik, Private Client, shared his perspective. Here’s what he had to say:
“Indian courts do not follow a rigid mathematical formula to determine maintenance. However, the Supreme Court in Kalyan Dey Chowdhury vs Rita Dey Chowdhury observed that around 25 per cent of the husband’s net salary may serve as a reasonable benchmark, though this is not a universal rule. Courts generally assess the paying spouse’s “free income”, allowing deductions only for statutory liabilities such as income tax or provident fund, while disregarding voluntary expenses like equated monthly instalments (EMIs) on loans or insurance premiums.”
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