Husband Can't Claim Deduction Of Insurance Premium, Loan EMI From Gross Salary For Determination Of Maintenance Amount U/S 125 CrPC: Allahabad HC

The Allahabad High Court last week held that while determining the monthly maintenance allowance payable to the wife under section 125 CrPC, a husband cannot seek deductions for payments towards LIC premiums, home loans, land purchase loan instalments, or insurance policy premiums from his salary.

Referring to the Supreme Court's ruling in the case of Dr Kulbhushan Kumar vs. Rajkumari 1970, a bench of Justice Surendra Singh-I observed that only compulsory statutory deductions as income tax can be reduced from the gross salary of the husband while determining maintenance amount.

These observations were made by the single judge while dismissing a revision plea moved by one Rana Pratap Singh (husband/revisionist) challenging a family court's order directing him to pay Rs. 15K to his wife (opposite party no.1) as well as Rs. 5K each to his two children (till they attain the age of majority) under Section 125 CrPC.

Before the HC, the counsel of the Husband-revisionist inter alia argued that the trial court failed to note the fact that his wife was residing away from him without sufficient cause, she failed to perform her matrimonial duties even though a decree for restitution of conjugal rights was passed by the concerned Family Court under Section 9 of the Hindu Marriage Act against her.

It was also contended that while determining the amount of maintenance allowance, the trial Court has not taken into consideration the monthly income of the revisionist which is Rs.40,000/- per month and after deduction of instalment towards the loan taken for purchasing land and paying the premium of LIC, he is receiving only Rs. 28,446/- per month.

Another ground was taken by the revisionist that since his wife has illicit relations with his younger brother, therefore, her right to maintenance is barred under the provision of Section 125 (4) CrPC.

Considering the case's particulars and the arguments presented, the High Court noted that the wife had submitted a certified copy of a Lok Adalat order nullifying the ex-parte judgment and order issued by the family court under Section 9 of the Hindu Marriage Act. Consequently, the HC concluded that the family court's order was not in force.

Regarding the husband's stand that his wife is living in adultery, the Court noted that there was no material ground to accept the averments made by the revisionist that his wife had left his house with his younger brother and that she was living in adultery with him. 

Further, on the issue of the gross salary of the husband, the Court noted that he is working as a constable in CRPF and as per the salary slip filed by his wife, his salary for January 2023 had been shown as Rs.65,773/-

Importantly, the Court added that only compulsory statutory deductions as income tax can be reduced from the gross salary and therefore, no deduction in the salary, as claimed by the husband, was permissible for payment of LIC, home loan, instalments towards payment of the loan for purchasing land or premium of the policy of insurance.

Under these facts and circumstances, taking the monthly salary of the revisionist to be Rs.65,773/-, the Court upheld the order of the family court directing him to pay Rs. 15K to his wife (opposite party no.1) as well as Rs. 5K each to his two children (till they attain the age of majority) under Section 125 CrPC.

Also read: Personal Loan EMI A Part Of Husband's Net Monthly Income For Purposes Of Determining Maintenance Payable To Wife U/S 125 CrPC: Allahabad HC

Case title - Rana Pratap Singh vs. Neetu Singh And 2 Others 2024 LiveLaw (AB) 203 [CRIMINAL REVISION No. - 1762 of 2023]

Case citation: 2024 LiveLaw (AB) 203

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