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Sachin (Executive)     25 June 2013

Maintenance to spouse

Dear Experts

Pl. resolve the below queries.

1) Is taking loan a better option to reduce take home monthly salary and eventually reducing the maintenace amount?


2) By opening a recurring deposit account to reduce take home monthly salary and eventually reducing the maintenace amount?




 15 Replies


I dont think anybody will give you illegal advices here.

Nadeem Qureshi (Advocate/     25 June 2013

Dear Querist

what is the purpose to ask this queries?

fighting back (exec)     25 June 2013

@nadeem sir,,,,,,,,the querist wishes to reduce the maintainence amount, that the purpose to ask this question. maybe he is earning more and doenst want to part with his hard earned money.

@sachin,.....if you take a loan after a maintainence case is filed, then it will be viewed as an intentional move to reduce the amount in hand you get, the judge may therefore not take into consideration your loan amount. it will be viewed as an afterthought

if any maintainence case is not filed. then you can go ahead with a loan

recurring account will be of no use as it is a deposit account where your money will be accumalated and also earn interest, it will be seen as an earning capability by you, over and above your expenditure, hence it my have a negative effect. 

to reduce your maintainence

you shoud show you liablities, you parents medical expenditure, 

Sachin (Executive)     25 June 2013

Dear All

Yes, i want to reduce maintenance amount and Maitenance case is yet not filed.


Suppose my take home salary is 25000 and i am paying Rs. 10000 as monthly EMI of loan then maintenance would be calculated on Rs. 15000.


Please correct me if i am wrong.



2BHelpfull (Other)     25 June 2013

maintanance is calculated on the salary of the husband after deduction of all the expences.if u take home loan then she has right  on such she is your wife..

Maintanance is calculated mainly after looking into the  standard of living of the husband and not alone on the salary slip.


I defer the view of 2BHelpfull.... If home loan in taken, wife has no rights on such house.

Yes, obviosuly wife can ask for shelter but she cant have rights on house merely because husband has taken loan.

2BHelpfull (Other)     26 June 2013

i mean to say  right to stay at house under DV Act.


I dont understand one thing here. When there is right to stay at house of husband under DV act.... Is it for getting further domestic violance from husband? IF so, it is good for husband.....

Also, it is like old wife free in next door along with new wife... Jst expressed my opininion plz correct me if i am wrong.

fighting back (exec)     26 June 2013

@ can argue that you can provide for rent for an alternate accomodation. as she has alleged voilence when she was staying with yyou.

Sachin (Executive)     26 June 2013

Dear Experts

As you said,maintanance is calculated on the salary of the husband after deduction of all the expences. That means if my take home salary is 25000 and i am paying 10000 as EMI of car loan then maintenance would be calculated on Rs. 15000.


Pl. reply.

DV Fighter (Service)     26 June 2013

Dear Sachin,

Instaed of Car loan take Home loan, Home loan EMI is considerd at the time of deciding maintenance.

I have read somewhere after taking car loan by husband, Wife's maintenance was increased to maintain same status of matrimonoial home !!!!!;)

So be careful...

I am pasting one SC judgement - for consideration of EMI...




[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.



Sachin (Executive)     26 June 2013

Dear DV Fighter


If i pay EMI of home loan then wife can legaly demand 50% share in home( before or after divorce) for which EMI is being paid.


Pl. correct me if i am wrong.




Sachin (Executive)     27 June 2013

Awaiting reply............

Originally posted by : Sachin

Dear DV Fighter


If i pay EMI of home loan then wife can legaly demand 50% share in home( before or after divorce) for which EMI is being paid.


Pl. correct me if i am wrong.




Hope you cross check with LCI LD members with regard to the information you have got.

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