Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Maintenance CrPC 125 Judgments » Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

21 Jul 2016 By videv 4 Comments

This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m.  While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m.  Somehow the facts of the case don’t add up for me.  There must be more to it than the numbers mentioned in the judgment.

The logic of going for an EMI of 21K on a salary of 35K itself seems questionable.  Surely reducing maintenance might be considered a sacred goal by many husbands, but taking such huge loan thereby living on the edge is probably not for everyone.  Also, from facts of the case, husband has already accumulated huge arrears of maintenance, probably hoping that one day a higher court will reduce his maintenance to some very low amount.  While an optimistic view is good in life, one should assess risk vs reward in these matters.  Accumulating arrears in maintenance is a high risk thing, because there is no guarantee the higher courts may reduce the maintenance drastically.  Further, one has to live with that uncertainty for a long time running around in courts, so best strategy should be to reduce interim maintenance right from the start, at trial court level.

The bank officer who approved this 21K-EMI-on-35K-salary-loan must have been fascinated by confidence of likes of Vijay Mallya’s – take huge loan today, worry about paying back tomorrow – and that tomorrow never comes Smile

Further the court observed (but then, just observed) this fact:

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

If instead of just observing the facts of high qualifications of wives, courts start ordering a time-bound get-back-to-work-or-lose-maintenance-plan for these wives, things will get better very quickly.  Such judgments have started coming but it has not become a trend as yet.

——————————————————————————————-

Full Judgment text below

——————————————————————————————-

Bench: A Kabir, C Joseph

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 879 OF 2009
[Arising out of SLP(Crl.) No.7503 of 2008]

BHUSHAN KUMAR MEEN … Appellant(s) Versus

MANSI MEEN @ HARPREET KAUR … Respondent(s) WITH

SLP(Crl.)No.7924 of 2008

ORDER

Leave is granted in SLP(C) No.7503 of 2008.

This appeal is directed against the judgment and order dated 1 st July, 2008, passed by the Punjab &
Haryana High Court in Crl.Misc.No.14793-M of 2008, whereby the appellant’s application under Section
482 of the Code of Criminal Procedure for quashing the orders dated 25th July, 2007 and 6th November,
2007 passed by the courts below granting Rs.10,000/- per month, as interim maintenance to the respondent wife, was dismissed.

Taking into consideration the evidence adduced, the learned Additional Chief Judicial Magistrate, Patiala,
before whom the proceedings under Section 125 of the Criminal Procedure Code, filed by the respondent wife is pending, directed the appellant-husband to pay the said sum of Rs.10,000/- by way of interim
maintenance to the respondent-wife during the pendency of the proceeding. The said order was
affirmed both by the Sessions Court as well as the High Court. Before us, the appellant-husband, who is
appearing in person, has shown that his salary certificate had been produced before the Magistrate, from
which it appears that he was drawing approximately Rs.34,900/- per month towards his salary, out of which
various deductions were being made, including a deduction of Rs.21,329/- towards the home loan which he
had obtained, leaving in his hand as takeaway salary a sum of about Rs.9000/-.
The appellant has submitted that in that view of the matter, the amount as awarded by the Magistrate to the
respondent-wife was not justifiable. The appellant-husband has also taken another point regarding the
maintainability of the application under Section 125 Cr.P.C. on account of the ability of the respondent wife to maintain herself.

READ:  Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending

On behalf of the respondent-wife, it has been urged that having regard to the net salary, which the appellant
is entitled to take home, the amount as assessed by way of interim maintenance by the Magistrate and as
upheld by the Sessions Judge as well as the High Court, could not be said to be excessive and that the fact
that the appellant had taken the home loan which has been adjusted against the salary, is no consideration
for altering the said amount, as had been granted by the learned Sessions Judge.

As far as the second point taken by the appellant is concerned, it was submitted that the same required
evidence and had to be to ultimately decided by the Magistrate while deciding the application under
Section 125 Cr.P.C.. 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 instalments 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. Accordingly, we modify the order passed
by the learned Magistrate, granting Rs.10,000/- per month to the respondent-wife by way of interim
maintenance and direct that the appellant-husband shall pay to the respondent-wife a sum of Rs.5000/- per
month, instead of Rs.10,000/-, and all other terms and conditions, as indicated by the learned Magistrate,
will continue to operate.

We are informed that there are huge arrears, which are yet to be paid by the appellant-husband to the
respondent-wife. The learned Magistrate shall recalculate the amount of arrears on the basis of the order
passed today and the appellant- husband shall within three months of the re-assessment of the amount, pay
the sum to the respondent-wife, if necessary, in three installments, to be decided by the learned Magistrate.
We make it clear that we have not gone into the question as to what would be the amount payable by way
of maintenance per month to the respondent-wife and this is only an interim arrangement till the matter is
finally disposed of by the learned Magistrate. We also keep open the second question raised by the
husband-wife regarding the applicability of Section 125 Cr.P.C. as far as the respondent-wife is concerned.
Since the matter has been pending for a long time and evidence has been recorded to some extent, we direct
the learned Magistrate to dispose of the pending proceedings within six months from the date of communication of this order. The other Special Leave Petition, being No.7924 of 2008, be delinked from the appeal arising out of SLP(C)No.7503 of 2008, being disposed of by this order, and be listed separately for final disposal after the summer vacation. The order of attachment of the salary of the appellant, which had been stayed in these proceedings, shall continue till the final disposal of the matter by the learned Magistrate. In the event, the appellant defaults in making the
payment in terms of this order, the Magistrate will be at liberty to re-impose the order of
attachment. ……………….J.

READ:  Woman can’t evict husband just because she pays EMI: Mumbai Family Court

(ALTAMAS KABIR)

……………….J.
(CYRIAC JOSEPH)

New Delhi,
April 28, 2009.

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

👉Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Do physical labour to give maintenance to wife: SC judgment under CrPC 125

Filed Under: Maintenance CrPC 125 Judgments Tagged With: SC Judgment

Comments

  1. Bairagi says

    June 19, 2017 at 6:32 pm

    Truthful Judgement….thanks SC…

    Reply
  2. shaji says

    May 12, 2017 at 10:56 pm

    good. judgement. thanks to SC.

    Reply
  3. Uday says

    May 1, 2017 at 11:15 pm

    Thanks to sc for this wonderful decision which help innocent husbands

    Reply
  4. Gaurav says

    April 27, 2017 at 10:48 am

    Thank you so much for this wonderful judgment by SC. It will certainly help innocent husbands,l by a ride by their disgruntled wives

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

👉Kannada/ Hindi/ English: Call Sharath +919738010456
👉Free guidance (10-15 min)
👉Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • Procedure of CAW (Crime against women) cell,…
  • How to file objections/written statement to…
  • How to draft a child custody (GWC) petition
  • What to do if CAW cell/police/advocate is putting…
  • Basic Cross-examination techniques in matrimonial…
  • सीआरपीसी की धारा 41, 41 ए, 41 बी जिन में बिना वारंट…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • How to complain against judges of trial courts, High…
  • How to handle jewellery bills shown by wife in 406,…
  • How to Fight and Reduce Maintenance under CrPC 125…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Tax Evasion Petition and RTI follow up

24 Jul 2009 By videv 3 Comments

Unproven criminal charge cannot be deciding factor in custody of child

15 Feb 2010 By videv Leave a Comment

Why marriage is a losing game for urban men?

19 Mar 2010 By videv Leave a Comment

Qualified MBBS wife asked to do some work: Delhi HC Judgment

18 Nov 2013 By videv 5 Comments

Indian laws for protection of women

12 Jul 2009 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • Rajesh on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • DHAVAL JOAHI on Visitation rights – 1
  • videv on Procedure of CAW (Crime against women) cell, counselling/mediation etc
  • videv on Complaint against male abuse in Asian Paints Damp Proof advertisement -advertiser advised by ASCI to modify or remove it
  • Gurpreet Singh on Procedure of CAW (Crime against women) cell, counselling/mediation etc

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts