Supreme Court: Asset-Building Loans No Excuse to Reduce Spousal Maintenance

The Supreme Court held that loan repayments for asset creation cannot be used to reduce maintenance liability, emphasizing that maintaining a spouse is a primary duty.

A Bench of Justice Sanjay Karol and Justice Augustine George Masih enhanced a wife's maintenance from ₹15,000 to ₹25,000 per month.

The Court observed that while the husband's gross income was significant, his "disposable income" was artificially lowered by voluntary financial commitments.

The Bench clarified that deductions for investments or capital assets are not "necessary expenditures" and must not subordinate the statutory obligation to prevent a spouse's destitution.

[Deepa Joshi v. Gaurav Joshi]