Supreme Court Raises Wife's Maintenance to Rs 25,000, Upholds Spousal Support Obligation
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New Delhi, April 18 (NationPress) The Supreme Court has increased the monthly maintenance amount for a woman from Rs 15,000 to Rs 25,000, asserting that a husband's financial obligations, including loan repayments for asset creation, do not supersede his legal duty to support his spouse.
A bench comprising Justices Sanjay Karol and AG Masih made this ruling while considering an appeal by Deepa Joshi against her estranged husband, Gaurav Joshi, contesting the maintenance amount set by lower courts. The Supreme Court revised a prior order from the Uttarakhand High Court dated June 26, 2025, which had previously raised the maintenance from Rs 8,000 to Rs 15,000 monthly.
The Justice Karol-led bench pointed out that the husband, a Manager at Canara Bank, earns a gross monthly salary of Rs 1,15,670 and has a consistent source of income.
It was noted that the wife lacks an independent income and has been living separately shortly after marriage. The court remarked, “Loan repayments, especially those that facilitate asset creation, are akin to capital investments and should not be compared to essential or unavoidable expenditures.”
Furthermore, the court emphasized that such voluntary financial commitments “cannot take priority over the legally mandated obligation to provide maintenance.” The bench asserted that while determining maintenance amounts, it is crucial to balance the husband's financial ability with the wife's reasonable needs. The apex court stated, “The husband's duty to maintain his spouse is a fundamental and ongoing responsibility that must allow the wife to live with dignity.”
Reiterating established legal principles, the Supreme Court stressed that maintenance should be substantial and reflect the parties' social status. The bench found that previous courts overly relied on salary deductions for loan payments, which effectively lowered the maintenance sum.
However, the court ruled that such deductions should not significantly lessen the husband's financial responsibility, particularly when they are linked to asset acquisition. “We believe that a monthly maintenance of Rs 25,000 is appropriate, just, and fair given the circumstances,” stated the bench.
Consequently, the Supreme Court raised the maintenance amount to Rs 25,000 per month, effective from the date of the initial application. It also ordered that any outstanding arrears be settled within three months and that the monthly maintenance be paid by the 7th of each month.
This case originated from a maintenance petition filed by the wife under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following allegations of neglect and harassment, claiming she had no means for her upkeep. Initially, the Family Court had awarded Rs 8,000 monthly, which was subsequently increased by the Uttarakhand High Court before reaching the Supreme Court.