Maintenance--Spouse--Loan Repayments Leading to Asset Creation Cannot Be Deducted as Necessary Expenditure to Reduce Maintenance Liability
Loan repayments that lead to creation of assets cannot be treated as necessary expenditure for the purpose of reducing maintenance liability under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such deductions partake the character of capital investment and cannot be equated with unavoidable expenditure. The obligation to maintain a spouse is a primary statutory duty and cannot be subordinated to voluntary financial commitments. Courts must strike a just balance between the financial capacity of the husband and the need of the wife to live with dignity consistent with the status of the parties during the subsistence of marriage.
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