A recent judgment by the Delhi High Court has established that a husband’s home loan responsibilities and obligations towards his parents can be factored in when determining the maintenance amount.

Friday, the Delhi High Court reduced the maintenance previously awarded to a man’s estranged wife and child. The court took into account his financial obligations, including the repayment of a home loan and his responsibilities toward his parents. Justice Neena Bansal Krishna stated that “the maintenance amount must be determined in a balanced manner—one that ensures adequate support for the wife and child while also considering the petitioner’s obligations concerning his home loan, personal expenses, and parental responsibilities.” The case involved a revision petition filed by the husband, who challenged the family court’s order that had granted ₹25,000 per month as maintenance to his wife and child. The husband argued that his wife had left their marital home voluntarily and without just cause. He contended that the family court had incorrectly assessed his monthly income at ₹70,000, while his actual take-home salary, after deductions, was only ₹36,000. He further pointed out that he was responsible for various expenses, including rent, a housing loan EMI, and the upkeep of both himself and his parents, which totaled nearly ₹35,000 per month. Moreover, he claimed that his wife was earning over ₹15,000 per month. The High Court observed that the wife had neither disclosed her earnings nor provided details about her and the child’s expenses, while the husband had demonstrated that he was paying ₹11,000 per month toward his home loan EMI. Taking all these factors into consideration, the Court modified the maintenance amount, reducing it to ₹17,500 per month for the wife and child.

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