Loan Taken Voluntarily By Spouse After Separation To Bring Down Net Salary Cannot Be Considered While Calculating Quantum Of Maintenance: MP HC

The Madhya Pradesh High Court addressed the issue of maintenance under Section 125 of the Criminal Procedure Code, particularly concerning a husband's salary and loan deductions. The court ruled on how these deductions should be factored into the calculation of maintenance payments to the wife. The decision emphasized that while loan repayments and other financial obligations are legitimate, they should not severely impact the maintenance amount, which is a right of the spouse under this section. The ruling aimed to balance the financial responsibilities of the husband with the fair entitlement of maintenance for the wife, ensuring that maintenance awards are neither diminished unduly by financial commitments nor excessive beyond the husband’s capacity.