LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deep (k)     19 March 2011

Deciding Maintenance

While deciding maintenance, husband liabilities gets counted or not.

Like if husband is having loan from bank (personal loan, car loan, home loan, etc)..... house rent and all...... if yes then do all loan will be considered.

If court don't check liability how one can pay back :(.....

also below two ideas are really correct or not.


1. (below answer given on the quesation)

Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).




 4 Replies

Legal Fighter (Advocate)     19 March 2011

no liablities are considered.. only mandatory deductions such as PF etc. are considered.

adv. rajeev ( rajoo ) (practicing advocate)     19 March 2011

Have you filed your objections like what you have stated above.  You have to lead your evidence in accordance with your objections.

If you proved that wife is working then question of paying maintenance does not arise.

Parth Chandra (none)     22 March 2011

Liabilities should be considered as per below SC judgement.




[Arising out of SLP(Crl.) No.7503 of 2008]





SLP(Crl.)No.7924 of 2008



... Respondent(s)


Leave is granted in SLP(C) No.7503 of 2008.

This appeal is directed against the judgment and order dated 1 st July,

2008, passed by the Punjab & Haryana High Court in Crl.Misc.No.14793-M of 2008,

whereby the appellant's application under Section 482 of the Code of Criminal

Procedure for quashing the orders dated 25th July, 2007 and 6th November, 2007

passed by the courts below granting Rs.10,000/- per month, as interim maintenance to

the respondent-wife, was dismissed.

Taking into consideration the evidence adduced, the learned Additional Chief

Judicial Magistrate, Patiala, before whom the proceedings under Section 125 of the

Criminal Procedure Code, filed by the respondent-wife is pending, directed the

appellant-husband to pay the said sum of Rs.10,000/- by way of interim maintenance

to the respondent-wife during the pendency of the proceeding. The said order was


affirmed both by the Sessions Court as well as the High Court.

Before us, the appellant-husband, who is appearing in person, has shown that

his salary certificate had been produced before the Magistrate, from which it appears

that he was drawing approximately Rs.34,900/- per month towards his salary, out of

which various deductions were being made, including a deduction of Rs.21,329/-

towards the home loan which he had obtained, leaving in his hand as takeaway salary

a sum of about Rs.9000/-.

The appellant has submitted that in that view of the matter, the amount as

awarded by the Magistrate to the respondent-wife was not justifiable.

The appellant-husband has also taken another point regarding the

maintainability of the application under Section 125 Cr.P.C. on account of the ability

of the respondent-wife to maintain herself.

On behalf of the respondent-wife, it has been urged that having regard to the

net salary, which the appellant is entitled to take home, the amount as assessed by way

of interim maintenance by the Magistrate and as upheld by the Sessions Judge as well

as the High Court, could not be said to be excessive and that the fact that the appellant

had taken the home loan which has been adjusted against the salary, is no

consideration for altering the said amount, as had been granted by the learned

Sessions Judge.

As far as the second point taken by the appellant is concerned, it was submitted

that the same required evidence and had to be to ultimately decided by the Magistrate

while deciding the application under Section 125 Cr.P.C..

Having heard learned counsel for the respective parties, and considering the

reality of the situation to the effect that the appellant is receiving a sum of about

Rs.9000/- in hand after deduction of various amounts, including the instalments


towards repayment of the home loan, we are of the view that the amount as awarded

by way of interim maintenance is on the high side. At the same time, we cannot also

shut our eyes to the fact that at present the respondent-wife is not employed or at least

there is nothing on record to indicate she is employed in any gainful work. However,

having regard to the qualifications that she possesses, there is no reason why she ought

not to be in a position to also maintain herself in the future.

Accordingly, we modify the order passed by the learned Magistrate, granting

Rs.10,000/- per month to the respondent-wife by way of interim maintenance and

direct that the appellant-husband shall pay to the respondent-wife a sum of Rs.5000/-

per month, instead of Rs.10,000/-, and all other terms and conditions, as indicated by

the learned Magistrate, will continue to operate.

We are informed that there are huge arrears, which are yet to be paid by the

appellant-husband to the respondent-wife. The learned Magistrate shall recalculate

the amount of arrears on the basis of the order passed today and the appellant-

husband shall within three months of the re-assessment of the amount, pay the sum to

the respondent-wife, if necessary, in three installments, to be decided by the learned


We make it clear that we have not gone into the question as to what would be

the amount payable by way of maintenance per month to the respondent-wife and this

is only an interim arrangement till the matter is finally disposed of by the learned

Magistrate. We also keep open the second question raised by the husband-wife

regarding the applicability of Section 125 Cr.P.C. as far as the respondent-wife is


Since the matter has been pending for a long time and evidence has been

recorded to some extent, we direct the learned Magistrate to dispose of the pending


proceedings within six months from the date of communication of this order.

The other Special Leave Petition, being No.7924 of 2008, be delinked from the

appeal arising out of SLP(C)No.7503 of 2008, being disposed of by this order, and be

listed separately for final disposal after the summer vacation.

The order of attachment of the salary of the appellant, which had been stayed

in these proceedings, shall continue till the final disposal of the matter by the learned

Magistrate. In the event, the appellant defaults in making the payment in terms of this

order, the Magistrate will be at liberty to re-impose the order of attachment.



New Delhi,
April 28, 2009.



VictimOfBiasLaw (Professional)     22 March 2011

No liability consider ???

what about husband house rent , transportation cost , food , phone bill , other electicity bill , vehicle cost ??
what about this , does court consider this ?

Please can you give advice in my case ?

  1. i am right now abroad and earning $3500/- per mont but i have exps of around 3000/- per month
  2.  my wife is asking 30,000/- , as she has converted my dollar income in INR and derived my income as RS. 1,00,000/- per month and asking for 1/3 of this
  3.  Don't court considercost of living ?   in abroad i have to pay in dollar and cost of living abroad is high
  4. i can save hardly S300-400 per month and since i am abroad i need saving in dollar in case of emergency.
  5. Don't court consider type / seriouness of case ? what if DV case is weak and judge realise that this is only to earn money from husband ?
  6. What if wife is educated but not working ? will court consider this and reduce maintence amount ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register