The Indore bench of the Madhya Pradesh High Court ruled that loan deductions voluntarily taken by the respondent after the couple’s separation cannot be used as a basis to deny an increase in the monthly maintenance payment 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 noted that the respondent took the loan after the separation to lower his net income, and emphasized that the loan installment 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 contested the Family Court’s order that granted ₹5,000 per month under Section 125 of the Cr.P.C., arguing that the maintenance amount was inadequate considering her husband’s net salary of ₹38,373, and requested an increase.
The respondent argued that the total maintenance should be adjusted accordingly, as his monthly home loan repayments of ₹13,700 left him with limited financial 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 case of Rajnesh v. Neha, the Court emphasized that the purpose of granting maintenance is to prevent the dependent spouse from falling into destitution, not to punish the other spouse.
The Court noted that the trial court had awarded a monthly maintenance of ₹5,000, while the respondent claimed that the wife was already receiving ₹7,500 per month under the Protection of Women from Domestic Violence Act.
The court noted that if the amount awarded under the Domestic Violence Act were adjusted, the applicant would receive nothing additional from the impugned order, resulting in a total monthly maintenance of only ₹7,500.
Consequently, the court decided that the maintenance awarded under Section 125 Cr.P.C. should be increased from ₹5,000 to ₹7,500, with the enhanced amount payable from the date of the 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.