Maintenance--Loan Repayments and Asset Creation--Deductions Towards Asset-Creating Loans Cannot Substantially Reduce Husband's Maintenance Liability Under Section 144 BNSS
Loan repayments leading to acquisition of assets partake the character of capital investment and cannot be equated with necessary or unavoidable expenditure for the purpose of determining maintenance. Such voluntary financial commitments cannot be subordinated to the statutory obligation of maintaining a spouse. The obligation to maintain is a primary duty, and courts must assess real earning capacity without allowing asset-creating deductions to substantially dilute the maintenance liability under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Thus, Duty To Maintain Spouse is PrimaryLiability--Repayment of Loans For Creation of Asset Not a Ground To Reduce Maintenance amount
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
