Overview
The Supreme Court has affirmed that a husband’s obligation to maintain his wife is a primary duty that cannot be reduced by deductions for loan repayments used for asset creation. In the case Deepa Joshi v Gaurav Joshi, the Court enhanced monthly maintenance from ₹15,000 to ₹25,000.
Key Developments
- The bench of Justice Sanjay Karol and Justice Augustine George Masih raised the maintenance quantum by ₹10,000.
- The Court held that deductions for loans that create assets cannot be equated with necessary household expenditure.
- Arrears are to be cleared within three months, with payments due on or before the 7th of each month.
Important Facts
• The dispute arose under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The husband, a bank manager, earns a gross salary of ₹1,15,670 per month.
• The wife has no independent income and has been living separately since shortly after marriage.
• The Family Court initially awarded ₹8,000, the Uttarakhand High Court raised it to ₹15,000 before the Supreme Court’s intervention.
Exam Relevance
Understanding the jurisprudence on maintenance is essential for GS Paper II (Polity) as it illustrates the balance between individual rights and statutory duties. The judgment also highlights how courts assess a respondent’s loan repayments in the context of disposable income, linking to GS III (Economy) topics on personal finance and asset formation.
Way Forward
• Lower courts must scrutinise financial commitments and distinguish between capital investment and essential expenditure when fixing maintenance.
• Legislators may consider clarifying the treatment of asset‑creating li
