Case Note & Summary
The appeal arose from a maintenance dispute between a married couple. The appellant-wife and respondent-husband were married on 07.05.2023 according to Hindu rites. The relationship deteriorated, with the wife alleging neglect and harassment, forcing her to leave the matrimonial home within a year and return to her parental residence with no independent income. On 18.09.2024, she filed for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking ₹50,000 per month. The Family Court awarded ₹8,000 monthly on 25.02.2025, which the High Court enhanced to ₹15,000 on 26.06.2025, maintaining the commencement date. The wife appealed to the Supreme Court, contending the amount was inadequate given the husband's substantial salary and that voluntary deductions for loan repayments should not reduce maintenance liability. The husband argued the enhanced amount was reasonable considering his financial liabilities. The core legal issue was whether the maintenance quantum required further enhancement. The court analyzed the principles from precedents establishing that maintenance must prevent destitution, be non-illusory, enable dignified living, and be fair and reasonable based on status and financial capacity. The court reasoned that the husband's primary maintenance obligation cannot be subordinated to voluntary financial commitments like loan repayments for asset acquisition, which constitute capital investments rather than essential expenditure. Considering the husband's gross monthly income of ₹1,15,670 as Manager at Canara Bank and the wife's lack of independent income, the court found ₹25,000 monthly would be just, fair, and reasonable. The court modified the High Court's judgment, enhancing maintenance to ₹25,000 per month payable from 18.09.2024, with arrears to be cleared within three months and monthly payments due by the 7th of each month.
Headnote
A) Family Law - Maintenance - Quantum Determination - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 - Appellant-wife sought enhancement of maintenance awarded by High Court from ₹15,000 to ₹50,000 per month - Court held that maintenance must be fair, reasonable and commensurate with status and husband's financial capacity, and that voluntary deductions for asset acquisition cannot dilute primary maintenance obligation - Enhanced maintenance to ₹25,000 per month payable from application date (Paras 10-19). B) Family Law - Maintenance - Financial Capacity Assessment - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 - Dispute regarding whether loan repayments and financial commitments should reduce maintenance liability - Court held that deductions for asset-generating repayments are voluntary capital investments, not essential expenditure, and cannot take precedence over statutory maintenance obligation - Modified High Court judgment to reflect true earning capacity (Paras 13-16).
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Issue of Consideration: Whether the quantum of maintenance awarded to the appellant-wife by the High Court was adequate and required enhancement
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Final Decision
Appeal disposed of; impugned judgment modified to enhance maintenance to ₹25,000 per month payable from 18.09.2024; arrears to be cleared within three months; maintenance payable by 7th day of each month
