Loan Was Taken By Husband To Bring Down Net Take Home Salary: Madhya Pradesh HC Enhances Maintenance Awarded To Wife

A Bench of Justice G. S. Ahluwalia noted that the loan in question was voluntarily taken and was repaid in installments. The Court noted, “So far as the loan is concerned, it is clear that it is a voluntary deduction and the amount in lump sum was already received by the respondent in advance which is being repaid by him in different installments, therefore, the said installment cannot be said to be a statutory and mandatory deduction. Furthermore, according to the applicant the said loan was taken after the separation and, therefore, it was deliberately done by the respondent to bring down his net take home salary. Therefore, it cannot be taken into consideration for calculating the quantum of maintenance.”

Advocate Vinay Puranik appeared for the petitioner and Advocate Dany Kumar Rathore appeared for the Respondent.

The respondent contended that his financial obligations, including a ₹13,700 monthly home loan repayment, constrained his resources. He also pointed out that his wife was already receiving ₹7,500 per month under the Protection of Women from Domestic Violence Act.

Referencing the Supreme Court's ruling in Rajnesh v. Neha, the Court emphasized that the purpose of maintenance is to prevent the dependent spouse from facing destitution, not to penalize the other spouse. The Court noted that if the amount awarded under the Domestic Violence Act was accounted for, the petitioner would not be receiving additional funds due to the impugned order, as the total maintenance would be ₹7,500.

Therefore, the High Court decided to enhance the maintenance amount from ₹5,000 to ₹7,500 per month, effective from the date of the application. The court concluded that considering the cost of living, the parties' status, and the price of essential goods, the initially awarded maintenance was insufficient and needed adjustment.

Cause Title: Monika v. Praveen, [2024:MPHC-IND:26121]