Can't Let Husband Create 'Artificial Deductions' From Salary To Grant Less Maintenance To Wife: Karnataka High Court

The Karnataka High Court has held that extra deductions from the salary of husband like provident fund contribution, house rent recovery, furniture recovery, etc., cannot be made deductible while considering for assessment of maintenance amount to be granted to the estranged wife.

A single judge bench of Justice Hanchate Sanjeevkumar dismissed the petition filed by a husband questioning the order of the family court granting maintenance of Rs.15,000 to his wife and Rs.10,000 to his daughter under section 125 CrPC. It said,

“What are the compulsorily amounts to be deducted are income tax and professional tax...Considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.”

The petitioner-husband works as SBI Manager and presented his salary slip to claim that in view of several deductions from his salary, the maintenance amount is exorbitant.

The court said that while appreciating petitioner's salary/income, the above stated deductions cannot be considered. "If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be a tendency by the husband to create artificial deductions making an attempt to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance,” Court remarked.

In the present case, it noted that the deductions are more than 50%. "Hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving a salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award.”

The court dismissed the petition as being devoid of merits and imposed a cost of Rs.15,000 payable to the respondents by the petitioner herein.

Appearance: Advocate Vishwanath Kanavi for Petitioner

Advocate Narasimha Murthy K FOR R1

Citation No: 2024 LiveLaw (Kar) 110

Case Title: ABC AND XYZ

Case No: REV. PETITION FAMILY COURT NO.233 OF 2023

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