The Karnataka High Court has clarified that deductions from a husband’s salary should not influence the maintenance provided to an estranged wife. This decision emphasizes the court’s stance on ensuring fair maintenance rights for women, irrespective of their husband’s financial commitments.
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Justice Hanchate Sanjeevkumar of the Karnataka High Court delivered a judgment dismissing a petition filed by a man challenging the family court’s order, which mandated him to pay Rs 15,000 to his wife and Rs 10,000 to his daughter under Section 125 of the CrPC. The petitioner, a manager at the State Bank of India (SBI), had argued that multiple deductions from his salary rendered the maintenance amount excessive.
The court, however, held a firm stance on the matter.
“What are the compulsory amounts to be deducted are income tax and professional tax,”
observed Justice Sanjeevkumar. The court further elaborated,
“Considering deductions from the salary of petitioner/husband, those are Provident Fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium, and festival advance, these are all deductions accruing to the benefit of the petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.”
The judgment sheds light on a critical issue, highlighting that personal financial management, such as loans or advances, should not impact the maintenance owed to an estranged spouse.
“If this is allowed, then in every case of a petition filed under Section 125 of CrPC, there would be a tendency by the husband to create artificial deductions making an attempt to show lesser take-home salary with an intention to mislead the courts to negate to give maintenance or an attempt to award to make a lesser amount of maintenance,”
the court ruled.
The court’s observations indicate a clear message against the manipulation of salary deductions to reduce maintenance payments.
“In the present case, it is noted that the deductions are more than 50 per cent. Hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay a lesser amount of maintenance,”
stated the court.
This ruling is pivotal, reinforcing the notion that maintenance should be determined based on genuine needs and fair assessment, rather than the manipulative financial planning of the paying spouse. The court concluded,
“Therefore, the said deductions above discussed cannot be the factor in awarding a lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working at the SBI receiving a salary of more than Rs 1 lakh per month. Then the family court is correct in awarding maintenance award.”
The Karnataka High Court’s decision is a step forward in ensuring that maintenance rights are upheld without being compromised by the financial intricacies of the paying spouse. This judgment serves as a reminder of the legal system’s role in providing equitable justice and protecting the rights of individuals, especially in matrimonial disputes.
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