Husband's Home Loan & Responsibility Towards Parents Can Be Considered While Determining Maintenance: Delhi High Court
The Delhi High Court on Friday, while reducing the quantum of maintenance granted to a man's wife and child, took into consideration his financial obligations like home loan and responsibility towards his parents.Justice Neena Bansal Krishna observed,“The maintenance amount must be determined in a balanced manner; it should be one that ensures adequate support for the wife and child, while...
The Delhi High Court on Friday, while reducing the quantum of maintenance granted to a man's wife and child, took into consideration his financial obligations like home loan and responsibility towards his parents.
Justice Neena Bansal Krishna observed,
“The maintenance amount must be determined in a balanced manner; it should be one that ensures adequate support for the wife and child, while also taking into account the Petitioner's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents.”
The bench was dealing with a revision petition moved by the husband, aggrieved by grant of ₹25,000/- per month maintenance to his estranged wife and child.
He alleged that the wife left the matrimonial home by her free will without any sufficient reason. He also submitted that the family court wrongly construed his income as ₹70,000 per month, when his actual income was ₹36,000 after deductions.
The husband further submitted that he pays rent, housing loan EMI, and bears self and parents expenses, all totalling to approx ₹35,000. He also claimed that the wife is earning more than ₹15,000 per month.
The High Court noted that the wife had not deposed anything about her income and had not given details of expenses of the child and herself. On the other hand, the husband had shown that he was paying Rs.11,000/- per month towards EMI for Home Loan.
Considering the totality of the circumstances, the Court modified the quantum of maintenance to ₹17,500 per month towards wife and child.
Appearance: Pramod Kumar, Advocate for Petitioner; Rajbir Singh Sagar, Advocate for Respondents
Case title: Ankush Kumar Parashar v. Sapna @ Mona & Anr.
Citation: 2025 LiveLaw (Del) 1043
Case no.: CRL.REV.P.(MAT.) 131/2025