Supreme Court enhances wife's maintenance to ₹25,000 in Deepa Joshi vs Gaurav Joshi.
SUPREME COURT ENHANCES WIFE MAINTENANCE TO ₹25,000
CASE SUMMARY - In Deepa Joshi vs Gaurav Joshi (2026), the Supreme Court considered whether ₹15,000 monthly maintenance awarded to the wife was sufficient. The wife had no independent income and was living separately after marital disputes. The husband, employed as a Manager in Canara Bank, earned ₹1,15,670 monthly. Lower courts considered loan deductions while fixing maintenance. The Supreme Court held that repayments for loans creating assets are voluntary commitments and cannot reduce the husband's primary duty to maintain his wife. Emphasizing dignity and fairness, the Court enhanced maintenance to ₹25,000 per month with arrears payable within three months.
| ASPECTS | DETAILS |
| Case Title | Deepa Joshi vs Gaurav Joshi |
| Introduction | This Supreme Court case dealt with enhancement of maintenance payable by the husband to the wife under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. |
| Factual Background | The parties married on 07.05.2023 in New Delhi. Due to alleged harassment and neglect, the wife left the matrimonial home within a year and started living separately without independent income. She sought ₹50,000 maintenance. Family Court granted ₹8,000. High Court enhanced it to ₹15,000. She appealed before Supreme Court. |
| Legal Issues | 1. Whether maintenance of ₹15,000 was adequate? 2. Whether loan deductions from salary can reduce maintenance liability? 3. What is fair maintenance considering husband's income and wife's needs? |
| Applicable Law | Section 144 BNSS, 2023; precedents: Chaturbhuj v. Sita Bai (2008), Shamima Farooqui v. Shahid Khan (2015), Rajnesh v. Neha (2021). |
| Analysis | Court held maintenance must prevent destitution and ensure dignity. Husband's gross income was ₹1,15,670 monthly. Loan repayments for asset creation are voluntary and cannot supersede statutory duty to maintain wife. |
| Conclusion | Supreme Court enhanced maintenance to ₹25,000 per month and directed arrears clearance within 3 months. |
| Current Scenario | This judgment strengthens women's maintenance rights and clarifies that voluntary financial liabilities cannot be used to reduce spousal support obligations. |
"Maintenance is a primary and continuing duty of the husband, and voluntary loan repayments cannot override that obligation."
SOURCE - SUPREME COURT OF INDIA