Personal Loans Cannot Dilute Duty of Maintenance
Judgment dated 16.4.2026 of the Supreme Court in SLP (Criminal) NO.15662 of 2025 of Deepa Joshi Vs. Gaurav Joshi
Section 144 of BNSS – Maintenance – Salary & Deductions of Loan
Determination of Maintenance must be guided by a balanced assessment of the earning capacity of the husband and the reasonable needs of the wife.
Respondent is in salaried employment and has a regular source of income.
deductions arising out of financial commitments such as loan repayments, particularly where they contribute towards creation of assets, cannot be placed on the same footing as necessary expenditure so as to substantially reduce a the liability of maintenance. The liability to maintain a spouse is primary obligation and cannot be subordinated to such financial arrangements.
The obligation of the husband to maintain his spouse is a primary and continuing duty, which must be discharged in a manner that enables the wife to live with dignity and in a standard commensurate with that enjoyed during the subsistence of the marriage. Viewed thus, deductions on account of asset-generating repayments cannot be permitted to substantially dilute the respondent’s real earning capacity for the purpose of determining maintenance. We are of the opinion that a sum of ₹25,000/- per month would be just, fair and reasonable in the facts of the present case.
