Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.

The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the Indian Army to pay a total of Rs. 55,000/- to his wife and minor daughters as maintenance.

"The petitioner is able to pay hefty amount towards home loan and car loan, however, he is trying to deflect from his responsibility towards his legally wedded wife as well children. The petitioner cannot be permitted to deflect from his responsibility which is not only statutory but also social and moral."

The Court also added that a person, who is holding a very high position is more socially and morally responsible towards his family members.

The bench was essentially dealing with a revision plea filed by Malik against an order of the Additional Principal Judge, Family Court, Sonipat allowed maintenance of Rs. 55,000/- per month to respondents i.e. Rs. 25,000/- to respondent No. 1-wife and Rs. 15,000/- per month each to respondents No. 2 and 3-minor daughters of the petitioner.

Malik, who got married to his wife (respondent No. 1) in November 2011, argued before the Court that his carry home salary is Rs. 66,000/- per month, thus, he cannot pay a sum of Rs. 55,000/- per month to the respondents. 

However, the Court noted that his gross salary is in fact Rs. 1.98 lahks, however,  he is getting carry home salary Rs. 66,000/- as he is making payments towards the home loan and car loan. He is further contributing towards the provident fund and other statutory deductions,

In view of this, the Court noted that despite being able to pay a hefty amount towards home loan and car loan, he was trying to deflect from his responsibility towards his legally wedded wife as well children.

Hence, observing that he can't be permitted to deflect from his responsibility towards his wife and children, the Court upheld the order of the family court as it found the findings to be fair. With this, the plea was dismissed.

Case title - Sandeep Malik vs. Renu and others

Citation: 2023 LiveLaw (PH) 40

Click Here To Read/Download Order