Supreme Court Says Husband’s EMIs Cannot Reduce Wife’s Maintenance Amount

Key Insights 
 

• The Supreme Court of India said that loan repayments used to create assets cannot reduce a husband’s maintenance payment to his wife. The Court increased the monthly maintenance from ₹15,000 to ₹25,000 in the case of Deepa Joshi v Gaurav Joshi (2026 LiveLaw (SC) 387)
   
• Earlier, lower courts allowed the husband to reduce maintenance by showing loan payments. The Supreme Court has now clearly rejected this view.

 
The Supreme Court of India recently made it clear that a husband cannot use his loan repayments as a shield to avoid paying fair maintenance to his wife. 

A bench of Justice Sanjay Karol and Justice Augustine George Masih explained that loan payments, especially for buying property or assets, are like investments. They are not basic living expenses. So, they cannot reduce maintenance.

Courts will not rely only on salary after deductions. They will look at the full income. For example, if someone earns ₹1,15,670 per month but shows high EMIs, the court will still consider the total income, not just the remaining amount after loans.

What Does This Means for Married Women Across India?
 

This ruling matters for millions of women in India who depend on maintenance after separation. Many cases in family courts see husbands showing reduced “take-home” salaries due to car loans, home loans, or personal loans. 

This judgment sets a clear boundary that statutory duty to maintain a spouse cannot be pushed aside for voluntary financial decisions. Earlier, loan EMIs would directly reduce the maintenance amount calculated by courts. 

Now, EMIs that build assets are excluded from deductions. Courts will also look at gross income rather than just take-home salary, which in this case helped raise the wife’s maintenance from ₹15,000 to ₹25,000 per month.

Read More : Court Questions ₹9,000 Income Claim In Maintenance Case

A Long-Overdue Correction 

Legal experts have welcomed this decision. Senior advocate Rebecca John has previously noted that courts often under-compensate wives by accepting inflated expense claims by husbands. This ruling aligns with that concern directly.

Family law experts refer to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as a rule meant to prevent financial hardship, not just give basic support.

The Court itself stated, “The maintenance awarded must enable her to sustain herself with a reasonable degree of dignity, consistent with the status of the parties.”

They say courts should check the full income and real assets of the earning spouse, not just documents showing deductions.

Courts should also consider whether the loan serves a personal luxury versus a genuine necessity.

Conclusion 

The Supreme Court of India has made one thing clear that taking care of your spouse is a primary legal duty. It is not optional.

Personal financial choices, like loans that help build wealth, are not treated as necessary expenses. So, they cannot be used to reduce maintenance.

Frequently Asked Questions

1. How much monthly maintenance should a husband pay to his wife? 
There is no fixed amount. Courts decide based on income, lifestyle, and needs of the wife. It should be enough to cover basic living expenses and maintain a similar standard of living as during the marriage.

2. Can a husband reduce maintenance by showing EMIs or salary deductions?  
No. As per the Supreme Court of India, loan EMIs or deductions cannot reduce maintenance. Courts consider total income, not leftover salary after personal financial commitments.