Maintenance to Wife -- Deductions Towards Asset-Generating Loan Repayments -- Cannot dilute real earning capacity of husband for maintenance
(i) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Deductions Towards Asset-Generating Loan Repayments -- Deductions on account of asset-generating repayments cannot be permitted to substantially dilute the real earning capacity of husband for determining maintenance. Financial commitments such as loan repayments, particularly those contributing towards creation of assets, cannot be placed on the same footing as necessary expenditure so as to reduce liability of maintenance. Liability to maintain a spouse is a primary obligation and cannot be subordinated to such financial arrangements. (ii) Criminal Procedure Code, 1973, S.125 [Bharatiya Nagarik Suraksha Sanhita, 2023, S.144] -- Maintenance to Wife -- Husband Employed as Bank Manager -- Obligation of husband to maintain his spouse is a primary and continuing duty, to be discharged in a manner enabling the wife to live with dignity at a standard commensurate with that enjoyed during subsistence of the marriage. Where the husband, employed as a Manager in a bank, draws a gross monthly income of Rs.1,15,670, maintenance at Rs.25,000 per month is just, fair, and reasonable.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
