The Karnataka High Court has decided that when determining the support a husband must provide to his estranged wife, certain additional deductions from his salary, such as contributions to provident fund, house rent, furniture recovery, and similar expenses, cannot be considered. Justice Hanchate Sanjeevkumar, heading a single judge bench, rejected a petition filed by a husband who contested the family court’s decision to award maintenance of Rs. 15,000 to his wife and Rs. 10,000 to his daughter under section 125 of the Criminal Procedure Code (CrPC).
“What are the compulsorily amounts to be deducted are income tax and professional tax…Considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.”
The petitioner, the husband, holds a managerial position at the State Bank of India (SBI) and presented his salary slip as evidence to support his argument that the requested maintenance amount is unreasonably high due to various deductions from his salary.
The court said that while appreciating petitioner’s salary/income, the above stated deductions cannot be considered. “If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be a tendency by the husband to create artificial deductions making an attempt to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance,” Court remarked.
In the present case, it noted that the deductions are more than 50%. “Hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving a salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award.”
The husband, who is the one filing the petition, works as a Manager at the State Bank of India (SBI) and submitted his salary slip as proof to claim that the maintenance amount requested is too high, considering the deductions from his salary, which might resonate with Indian readers.
