Home loan EMI considered , while deciding Maintenance order : SC

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Bhushan kumar Meen Vs Mansi Meen @ Harpreet Kaur. as on 28 April 2009 SC

In a recent landmark decision, the Supreme Court of India modified the interim maintenance granted in the case of Bhushan Kumar Meen vs. Mansi Meen @ Harpreet Kaur. The appeal was directed against the Punjab & Haryana High Court’s judgment, which had upheld an interim maintenance order of Rs. 10,000 per month to the respondent-wife.

The appellant, representing himself, argued that the awarded amount was not justifiable considering his monthly takeaway salary of about Rs. 9,000 after deductions, including home loan repayments. He specifically pointed out the significant EMI deductions related to his home loan. The appellant emphasized that after the deduction of various amounts, including the home loan instalments, he was left with a sum of about Rs. 9,000 as takeaway salary.

The Court took into consideration the appellant’s financial situation, including the EMI payments for the home loan. It acknowledged that the appellant’s net salary after such deductions was considerably lower than the initially awarded interim maintenance amount of Rs. 10,000 per month.

After considering both parties’ arguments, the Supreme Court modified the interim maintenance and directed the appellant to pay Rs. 5,000 per month to the respondent-wife, instead of Rs. 10,000. The Court acknowledged the respondent-wife’s present unemployment but emphasized her potential to maintain herself in the future due to her qualifications.

The Court ordered the recalculation of arrears based on the modified amount and directed the Magistrate to dispose of the pending proceedings within six months. The Court also kept open the question regarding the applicability of Section 125 Cr.P.C. to the respondent-wife.

This decision brings attention to the evolving interpretation of maintenance laws in India and emphasizes a balanced approach in determining interim maintenance based on the financial circumstances of both parties involved.

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