Permanent Alimony -- Loan Repayments Deducted from Income of Husband -- Voluntary loans for future wealth construction cannot reduce maintenance obligation
(i) Hindu Marriage Act, 1955, S.25 -- Permanent Alimony -- Loan Repayments Deducted from Income of Husband -- Voluntary loan repayments undertaken for future wealth creation cannot ordinarily be permitted to reduce disposable income for computing alimony. Where a loan is taken primarily to reduce disposable income and avoid maintenance obligations, or is for speculative wealth creation benefiting the husband alone, such deduction may be disregarded and courts may instead consider earning capacity. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce on Ground of Cruelty -- Failure to Prove Cruelty -- A petition for divorce on the ground of cruelty is liable to be dismissed where the petitioner fails to establish the allegations of cruelty against the respondent.
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