Kerala High Court: Loan EMIs and Savings Cannot Reduce Husband’s Maintenance Duty

The Kerala High Court has clarified that loan repayments and savings cannot reduce a husband's maintenance obligation under Section 125 of the CrPC.

The Court was considering a revision petition filed by the husband challenging the Family Court's order granting monthly maintenance of ₹6,000 to the wife and ₹3,500 to the minor child.

The court emphasised that financial responsibilities toward a wife and children take precedence over debt servicing and personal savings, ensuring dependents' essential needs are met before other financial commitments.

The Court thus dismissed the revision petition with the direction to the revision petitioner/husband to clear arrears within a period of thirty days.

[Sumesh A v Babija Balakrishnan M]