In a significant ruling on spousal maintenance, the Supreme Court enhanced the monthly amount payable to a wife, stressing that a husband’s financial commitments like loan repayments cannot dilute his primary legal obligation to maintain his spouse.
Background of the Case
The case arose from a dispute between a married couple who tied the knot in May 2023. Within a year, differences surfaced, and the wife began living separately, claiming she had no independent income and had faced neglect and harassment during the marriage.
She approached the Family Court seeking ₹50,000 per month as maintenance. The Family Court initially granted ₹8,000 per month. On revision, the Uttarakhand High Court increased it to ₹15,000 per month, effective from September 18, 2024.
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Still dissatisfied, the wife moved the Supreme Court seeking a further increase.
Counsel for the wife argued that the amount fixed by the High Court was too low and did not reflect the husband’s true earning capacity. It was submitted that the husband was a salaried employee with sufficient income, and deductions shown in his salary particularly loan repayments were voluntary and should not reduce maintenance liability.
On the other hand, the husband’s counsel contended that the High Court had already enhanced the amount after considering all relevant factors, including his financial liabilities, and no further increase was justified.
The bench examined established legal principles governing maintenance. It reiterated that maintenance is meant to prevent destitution and must allow the spouse to live with dignity.
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The Court made it clear that:
“The liability to maintain a spouse is a primary obligation and cannot be subordinated to financial arrangements like loan repayments.”
It noted that deductions made for loan repayments, especially those leading to asset creation, are voluntary in nature and cannot be treated as essential expenses. Such deductions, the Court said, should not substantially reduce the husband’s responsibility to provide maintenance.
The Court also took note of the husband’s financial status, observing that he was employed as a Manager in a bank with a gross monthly income of over ₹1.15 lakh.
At the same time, the bench emphasized that maintenance must strike a balance it should be fair to the wife without imposing an excessive burden on the husband.
After evaluating the facts, the Supreme Court held that the maintenance amount fixed by the High Court required reconsideration.
“The maintenance awarded must enable the wife to sustain herself with dignity, consistent with the status of the parties,” the bench observed.
The Court enhanced the maintenance to ₹25,000 per month, modifying the High Court’s order. It further directed that any arrears be cleared within three months and that monthly payments be made on or before the 7th of each month.
The appeal was disposed of in these terms.
Case Details
Case Title: Deepa Joshi vs Gaurav Joshi
Case Number: Criminal Appeal arising out of SLP (Crl.) No. 15662 of 2025
Judges: Justice Sanjay Karol and Justice Augustine George Masih
Decision Date: April 16, 2026
