The Indore bench of the Madhya Pradesh High Court held that loan deductions voluntarily undertaken by the respondent after the couple’s separation cannot justify denying an increase in the monthly maintenance payment under Section 125 CrPC.
Justice G. S. Ahluwalia, in a matter regarding increasing the maintenance under Section 125 of CrPC, stated that “So far as the loan is concerned, it is clear that it is a voluntary deduction and the amount in lump sum was already received by the respondent in advance which is being repaid by him in different instalments, therefore, the said installment cannot be said to be a statutory and mandatory deduction”.
The court additionally observed that the respondent took out the loan after the separation to reduce his net income, and highlighted that the loan installment is not considered a statutory deduction.
“Furthermore, according to the applicant the said loan was taken after the separation and, therefore, it was deliberately done by the respondent to bring down his net take home salary. Therefore, it cannot be taken into consideration for calculating the quantum of maintenance.”
In this case, the petitioner challenged the Family Court’s decision to award ₹5,000 per month under Section 125 of the Cr.P.C., arguing that the maintenance amount was insufficient given her husband’s net salary of ₹38,373, and requested an increase.
The respondent contended that the total maintenance should be adjusted because his monthly home loan repayments of ₹13,700 left him with limited financial resources. He also noted that his wife was already receiving ₹7,500 per month under the Protection of Women from Domestic Violence Act.
Citing the Supreme Court case of Rajnesh v. Neha, the Court emphasized that the purpose of awarding maintenance is to prevent the dependent spouse from falling into destitution, rather than to punish the other spouse.
The Court observed that while the trial court had set the monthly maintenance at ₹5,000, the respondent claimed the wife was already receiving ₹7,500 per month under the Protection of Women from Domestic Violence Act. The Court further noted that if the amount under the Domestic Violence Act were adjusted, the applicant would not receive any additional funds from the impugned order, leaving a total monthly maintenance of only ₹7,500.
As a result, the Court determined that the maintenance under Section 125 Cr.P.C. should be increased from ₹5,000 to ₹7,500, with the increased amount to be paid from the date of the application.
“Considering the price index, status of the parties as well as the price of the goods of daily needs, this Court is of considered opinion that total amount of Rs.7,500/- is on lower side,” it concluded.
