The Delhi High Court has observed that a husband’s financial liabilities, including home loan payments and his duty towards dependent parents, may be considered when determining the maintenance payable to his estranged wife and child.
This ruling came as the Court revised a Family Court order that had initially directed the husband to pay ₹25,000 per month as maintenance. The amount was reduced after examining his actual income and financial commitments.
Case Background
The husband had filed a revision petition challenging the maintenance amount, arguing that it was disproportionately high given his financial situation. He stated that the Family Court incorrectly assessed his income at ₹70,000 per month, while his net earnings after deductions amounted to only ₹36,000.
He further pointed out that he was paying rent, servicing a housing loan, and supporting his parents, with these expenses together amounting to approximately ₹35,000. The husband also claimed that his wife earned over ₹15,000 per month and had voluntarily left the matrimonial home without sufficient reason.
High Court’s Findings
The High Court noted that the wife had not provided details of her income or a breakdown of her and the child’s expenses. In contrast, the husband had furnished proof of paying ₹11,000 per month towards his home loan EMI.
Considering the overall financial circumstances, the bench concluded that the original maintenance order was on the higher side and revised the amount to ₹17,500 per month for both the wife and child.
