Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court | Latest News India - Hindustan Times

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court

ByVaishnawi Sinha
Mar 05, 2024 09:45 AM IST

The Karnataka High Court said that no artificial deductions can be made in a salary in order to give less maintenance to the wife.

The Karnataka high court on Monday ruled that “artificial” and extra deductions from the husband's salary, such as house rent recovery, and provident fund contributions, cannot be made deductible from the maintenance granted to an ex-wife.

Karnataka High Court (Wikimedia Commons)(HT_PRINT)
Karnataka High Court (Wikimedia Commons)(HT_PRINT)

Justice Hanchate Sanjeevkumar said provident fund contributions, house rent recovery, furniture recovery, etc. cannot be deemed as legit deductions, like income tax, and should not be deducted from the maintenance paid to the former wife or daughter.

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The single judge bench dismissed the petition filed by a husband questioning the order of the family court granting maintenance of Rs.15,000 to his wife and Rs.10,000 to his daughter under section 125 CrPC.

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“What are the compulsorily amounts to be deducted are income tax and professional tax...Considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount,” the judge said, reported Live Law.

In this case, the husband works as a manager in the State Bank of India, and provided his salary slip to the court to prove that there are multiple deductions in his take-home pay, while the maintenance amount paid to the wife is very high.

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Taking into account the salary slip, the high court said, “If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be a tendency by the husband to create artificial deductions attempting to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance.”

“Hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving a salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award,” the judge said, while dismissing the petition.

Further, the court bench said that the petition is devoid of merits, and ordered that the husband pay 15,000 to the respondents of the case from herein.

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