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4w ago

Delhi High Court Bars EMIs and Loans from Cutting Spousal Maintenance

Affirming a ₹15,000 per month support order, the decision establishes that voluntary debts cannot shrink statutory liability.

The observation was made by a bench of Justices Navin Chawla and Renu Bhatnagar
While awarding her ₹15,000, the city court had held that a man, even if employed on a contractual basis, cannot evade his statutory duties by citing self-imposed financial liabilities. (Shutterstock)

Overview

  • On May 26, a bench of Justices Navin Chawla and Renu Bhatnagar upheld the city court’s April 19 order directing ₹15,000 in interim maintenance to the wife and minor son.
  • The court ruled that personal loans, EMIs and other voluntary financial commitments do not qualify as legitimate deductions when calculating maintenance obligations.
  • Judges held maintenance must be assessed on an individual’s free income rather than net earnings after self-incurred debts.
  • The husband’s plea that his contractual employment, mediclaim premium and EMIs significantly reduced his take-home pay was dismissed.
  • The verdict underscores that statutory duties to support a spouse and child override self-imposed financial liabilities.