Court : Supreme Court of India
Decision Date: 28th April, 2009
Brief: Home Loan EMI should be taken into consideration while granting maintenance.
"Having heard learned counsel for the respective parties, and considering the reality of the situation to the effect that the appellant is receiving a sum of about Rs.9000/- in hand after deduction of various amounts, including the installments towards repayment of the home loan, we are of the view that the amount as awarded by way of interim maintenance is on the high side. At the same time, we cannot also shut our eyes to the fact that at present the respondent-wife is not employed or at least there is nothing on record to indicate she is employed in any gainful work. However, having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future."