ଓଡ଼ିଆ | ENGLISH
ଓଡ଼ିଆ | ENGLISH
T20
T20

Supreme Court Increases Wife's Maintenance, Emphasizes Duty Over Financial Commitments

The Supreme Court has raised the monthly maintenance for a woman from Rs 15,000 to Rs 25,000, ruling that a husband's financial obligations, including loan repayments for asset creation, cannot supersede his legal duty to support his spouse.
Published By : Pradip Subudhi | April 18, 2026 5:28 PM
Supreme Court Increases Wife's Maintenance, Emphasizes Duty Over Financial Commitments

​​​​​​​New Delhi, April 18: The Supreme Court has raised the monthly maintenance for a woman from Rs 15,000 to Rs 25,000, ruling that a husband's financial obligations, including loan repayments for asset creation, cannot supersede his legal duty to support his spouse.

A bench led by Justices Sanjay Karol and AG Masih delivered this verdict while hearing an appeal filed by Deepa Joshi, challenging the adequacy of the maintenance amount set by lower courts. The Court modified the Uttarakhand High Court's June 26, 2025, order, which had earlier increased the maintenance from Rs 8,000 to Rs 15,000 per month.

The bench noted that the husband, Gaurav Joshi, employed as a Manager at Canara Bank, earned a gross monthly salary of Rs 1,15,670, and had a stable source of income. On the other hand, Deepa Joshi, who had no independent income and had been living separately since shortly after their marriage, was reliant on the maintenance.

The Court further observed that loan repayments, especially those that contribute to acquiring assets, are capital investments, not essential or unavoidable expenses. These financial commitments, the Court said, should not take precedence over the husband's statutory duty to maintain his wife. The Justices emphasized that the duty of a husband to support his spouse is primary, continuing, and must be fulfilled in a way that ensures the wife can live with dignity.

Reiterating established legal principles, the Court stressed that maintenance should not be symbolic but must be fair, reasonable, and in line with the financial status of the parties involved. The lower courts had heavily considered the husband's salary deductions, including loan repayments, which reduced the maintenance amount. However, the Supreme Court ruled that such deductions could not significantly lessen the husband's obligation, especially when the repayments contributed to asset accumulation.

In light of this, the bench concluded that a monthly maintenance sum of Rs 25,000 was "just, fair, and reasonable" in the circumstances. The Court ordered that arrears, if any, be cleared within three months, and that the monthly maintenance be paid on or before the 7th day of each calendar month.

This case arose from a maintenance petition filed by Deepa Joshi under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging neglect and harassment, and stating she had no means of supporting herself. The Family Court had initially granted Rs 8,000 per month, which was later increased by the Uttarakhand High Court before the matter reached the Supreme Court.