Maintenance to wife: 'Pay deductions not deductible'

The Karnataka high court has said that deductions such as provident fund, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium, festival advance cannot be made deductible while considering assessment of maintenance amount.

“If this is allowed, in every case of petition filed under Section 125 of CrPC, there would be tendency by husband to create artificial deductions making an attempt to show lesser take home salary with an intention to mislead courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance,” Justice Hanchate Sanjeevkumar said.

The review petition of family court (RPFC) was filed by a husband, who works as a manager in a bank. He had filed a petition seeking for divorce and wife filed a separate petition seeking restitution of conjugal rights before family court in Mysuru. The wife also filed an application under Section 125 of CrPC.

On Aug 16, 2023, a common order was passed in petition filed by wife under Section 125 of CrPC, directing husband to pay Rs 15,000/month as maintenance to his wife for lifetime or till she remarried and another Rs 10,000/month to their 4-year-old daughter. In addition, Rs 10,000 was awarded as litigation cost.

In appeal, husband argued that his take-home salary is only Rs 77,816 though his gross salary is Rs 1,01,628/month. This was because of deduction of Rs 23,812/month and therefore, he was not able to pay maintenance to wife and child.    

The court said amounts compulsorily to be deducted are income tax & professional tax and petitioner had shown exorbitant amounts as deductions to negate giving maintenance. 

“Suppose husband raises loan for purchase of site, house or car and deduction is made from salary & shown in salary certificate, ultimately raising of loan is for benefit of husband only & just because deductions are made in this regard, it is not ground to award lesser quantum of maintenance,” it said.

It said, “Petitioner is working as manager, SBI & receiving lucrative salary. It is proved petitioner is financially capable to maintain wife & daughter. Thus, order passed by family court need not be interfered with & as such, petition is dismissed being devoid of merits with cost of Rs 15,000 payable to respondents by petitioner.”