Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court

The Jharkhand High Court has held that a husband cannot ordinarily rely on loans taken for “future wealth construction” to reduce his income for determining maintenance or permanent alimony. The Court held that voluntary loan repayments, particularly for creating assets, cannot override the obligation to maintain the wife.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad made the observation while dealing with a matrimonial appeal filed by a husband against the dismissal of his divorce petition.The husband had sought divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court at Garhwa dismissed his plea in February 2025 after finding that he had failed to prove cruelty. During the appeal, both parties initially expressed willingness to live together. The High Court referred them to mediation, but the attempt did not succeed.The husband later offered ₹40 lakh as a one-time settlement. He also offered to bear expenses relating to the education of their two children until the son secured employment and towards the daughter's marriage. The wife did not agree to the amount, claiming it was insufficient for her and the children.The Court then considered the question of permanent alimony. It called for affidavits from both sides in terms of the Supreme Court's decision in Rajnesh v. Neha.The husband, a contractual doctor at Sadar Hospital, Garhwa, disclosed gross monthly earnings of ₹1,61,260. He said ₹1,28,252 was being deducted towards repayment of loans and argued that his reduced disposable income should be considered while fixing alimony.The Bench, however, said voluntary loans taken for future wealth creation cannot ordinarily be allowed to reduce a husband's maintenance obligation. It observed:“At this juncture, it needs to refer herein the settled position of law that the impact of a loan taken by a husband for 'future wealth construction' during the pendency of a matrimonial suit or before the matrimonial suit, which consequently reduces his total income due to loan payments, on the amount of alimony payable to his wife is a matter that courts scrutinize carefully. Generally, such voluntary financial commitments are not permitted to diminish the husband's primary obligation to maintain his wife.”The Court held that the husband's duty to maintain his wife is paramount. It added that courts must examine the nature and purpose of a loan before allowing EMI payments to be deducted from his income. The Court noted that where a loan is taken primarily to reduce disposable income and thereby avoid maintenance obligations, the reduction may be disregarded. The same would apply where the loan is for speculative future wealth creation or solely benefits the husband without any direct or indirect benefit to the wife or children.The Bench further observed that courts may consider the husband's earning capacity instead of merely looking at the income left after voluntary deductions. Loans taken for asset creation are in the nature of capital investments and cannot be treated in the same manner as necessary or unavoidable expenses.The Court also considered the wife's age and the needs of the two children. It noted that the wife was 40 years old and had no other source of income. Their son was 14 years old and their daughter was 12.The Bench ultimately fixed ₹90 lakh as the one-time permanent alimony and financial provision for the family. Of this, ₹40 lakh was awarded to the wife, while ₹25 lakh each was earmarked for the son and daughter. It held that the amount would be “just, fair and reasonable” considering the wife's future sustenance and the livelihood and education of the children.Case Title: Dr. Rakesh Kumar Tarun v. Anita KumariCase Number: First Appeal No. 133 of 2025.Appearance: Mr. Pankaj Srivastava and Mr. Ashish Gautam for the Appellant; Mr. Hemant Kumar Shikarwar and Mr. Abhishek Kumar for the Respondent.Click Here To Read/Download Order

Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court

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Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court

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