Loan Taken Voluntarily By Spouse After Separation To Bring Down Net Salary Cannot Be Considered While Calculating Quantum Of Maintenance: MP HC

The Madhya Pradesh High Court at its Indore bench held that loan deductions, voluntarily undertaken by the respondent after the couple's separation cannot be grounds for not enhancing the monthly payment of maintenance under Section 125 CrPC.

Justice G. S. Ahluwalia, in a matter regarding increasing the maintenance under Section 125 of CrPC, stated that “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 instalments, therefore, the said installment cannot be said to be a statutory and mandatory deduction”.

The court further deliberated that the loan was taken after the separation by the respondent to reduce his net income and the loan instalment is not a statutory 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.”

In this case, the petitioner had challenged the order of the Family Court, which awarded ₹5,000 per month under Section 125 of the Cr.P.C. and argued that the amount of maintenance was insufficient given her husband's net salary of ₹38,373, and thus sought an increase in maintenance.

The respondent claimed the total maintenance should be appropriately adjusted since his monthly home loan repayments of ₹13,700 left him with limited financial resources, and that his wife was already entitled to a monthly payment of Rs 7,500 under the Protection of Women from Domestic Violence Act.

Referencing the Supreme Court case of Rajnesh v. Neha the Court stated that the objective of granting maintenance was to prevent the dependent spouse from destitution, not to punish the other spouse.

The court discussed that the trial Court had awarded a monthly maintenance of Rs.5,000/- and according to the respondent, the wife was already getting a monthly maintenance of Rs.7,500/- under the Protection of Women from Domestic Violence Act.

It was stated that in case the amount awarded under the Domestic Violence Act was adjusted, then the applicant would not be getting anything by virtue of the impugned order, and total monthly maintenance would be Rs.7,500/- only.

Therefore, the court concluded that the maintenance awarded under Section 125 Cr.P.C. should be enhanced from ₹5000 to ₹7500 and the enhanced amount shall be payable from the date of application.

“Considering the price index, status of the parties as well as the price of the goods of daily needs, this Court is of considered opinion that total amount of Rs.7,500/- is on lower side,” it concluded. 

Case title: Smt. Monika Versus Praveen

Case no: CRIMINAL REVISION No. 205 of 2024

Citation: 2024 LiveLaw (MP) 215

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