What Counts in Maintenance Law? Delhi HC Says Home Loans and Parents Matter

Case title: Ankush Kumar Parashar v. Sapna @ Mona & Anr. 

Introduction: 

The Delhi High Court stated that under maintenance law, the court must strike a fair balance while deciding the maintenance of the wife and the child. The amount must fulfil the wife’s and the child’s needs but also consider the husband’s honest financial income and burdens, like loan payments and responsibilities to his parents.

After finding out that the husband’s income was falsely calculated, the court reduced the amount from Rs. 25000/- per month to Rs. 17500/- per month. 

Delhi High Court emphasizes balanced maintenance law by considering wife, child, home loan, and parental responsibilities.

Background of the case:

The case came to the court through a revision Petition filed by the husband. He was not satisfied with the family court’s order which held him to pay Rs. 25000/- per month to his turned-away wife and their child.

According to him, the amount for maintenance was too high and was not considerate towards his monthly income and financial commitments.  

Husband’s Contention:

The situation was explained to the court by the husband. 

• The family court assumed that his income was Rs. 70000/- per month, but in reality, his actual income was Rs. 36000/- per month after deduction. 

• Each month he had to pay the following amounts: 

• Home loan: Rs 11000/- 

• Household expenses and rent 

• Cost of caring his elderly parents 

• Self-living expenses 

• These total expenses came out to be around Rs. 35000/- leaving him with no extra money. 

• He also stated that his wife left the house on her own and without any justified reason. 

• The family court ignored the fact that the wife also earned up to Rs. 15000/- per month. 

Wife’s stand: 

The wife did not provide any information about her income and the child’s expenses. This fact weakened the case in the eyes of the High Court.

Court’s observation: 

The matter was put before Justice Neena Bansal Krishna. She pressed upon the fact that maintenance should not be favored on one side.

Key observations of the case: 

• Wife and the child must live with dignity with the help of maintenance. 

• Also, the real financial income of the husband must be considered too. 

• The husband’s responsibilities towards his parents and the loan payments cannot be ignored.  

The Court claimed: 

“The maintenance amount must be determined in a balanced manner; it should be one that ensures adequate support for the wife and child, while also taking into account the Petitioner’s financial obligations like home loan, expenses, and responsibility towards parents.” 

Modifications under Maintenance Law

After considering all the facts, the court reduced the amount of the maintenance from Rs. 25000/- per month to Rs. 17500/- per month.

This new amount, in line with principles of maintenance law, will help the wife and the child with proper support while ensuring it does not become a burden on the husband.

Significance of the ruling:

This ruling is important for many reasons – 

1. Not only looking at the wife’s and the child’s needs, but the court also considers both sides fairly. 

2. Responsibilities like caring for parents, loans, rent, etc., are justified reasons for lower maintenance. 

3. Clear, true and detailed information must be provided to the court. In this case, the wife’s failure to do so affected the outcome.  

4. The decision reflects the reality of a middle-class family where the EMIs and family responsibilities are more than the actual income.  

Broader Legal Context: 

Maintenance in India is dealt with in Section 125 of the CrPC, now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stating the husband must provide maintenance to the wife and the children, as they must not be left helpless. 

Many times, the court has stressed that the maintenance cannot exceed the husband’s means. Also, the wife’s earning capacity, if proven, must be considered.  

This ruling also adds to the body of jurisdiction that home loans and parental responsibilities are valid considerations.

Lessons for others in similar situations: 

For the husband – If they show clear and proper income and expenses, such as salary slips, loan receipts and bills, the court will consider both sides.

For the wife – If they do not provide the details of their expenses and hide their income, it may affect the outcome.

Way forward: 

Reducing the maintenance amount from Rs. 25000/- per month to Rs. 17500/- per month by the decision of the Delhi High Court shows a practical and balanced approach.  

It did provide support to the wife and the child but also considered the husband's income and expenses towards loans, rent and parental responsibilities. This ruling is a reminder that maintenance is all about fairness. 

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