Statutory Deductions Cannot Become Part of the Baseline in Computing Maintenance: Rajasthan HC 

The Rajasthan HC on Thursday ruled that statutory deductions cannot become a part of the baseline in computing maintenance, as the same will fluctuate over time.

The bench of Justice Pushpendra Singh Bhati was dealing with the application challenging the Judgment passed by the Rajasthan HC whereby the Court enhanced the maintenance payable by the applicant to the non-applicants, from Rs. 50,000/- to Rs. 75,000/- to the wife and from Rs. 20,000 /- to Rs. 25,000/- to their minor son.

The issue for consideration before the bench was:

  1. Whether the Court has jurisdiction to review the impugned judgment i.e. whether there is any scope for review of the impugned judgment by the Court?
  2. Whether the amount of maintenance so granted to the non-applicant/wife was fairly and justly calculated i.e. whether on the merits of the case, the said amount ought to be reduced.

While dealing with the first issue the bench stated that the scope of review of the judgment impugned exists and is within the jurisdiction of this Court. 

High Court relied upon the case of Sanjeev Kapoor v. Chandana Kapoor & Ors. wherein the Apex Court has held that the application of Section 362 Cr.P.C. is relaxed, with respect to Section 125 Cr.P.C. and that a judgment passed with regard to the same, may be altered or reviewed, owing to circumstances which may have changed subsequently. 

While answering the second issue the bench observed that it was claimed that the total monthly income of the husband was incorrectly calculated and that certain statutory deductions were kept into consideration while arriving at the final amount of monthly maintenance payable to the non-applicant/wife. However, the same cannot be accepted in view of the fact that the husband availed certain leaves, due to which certain deductions were accordingly made from his monthly income. However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons.

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High Court observed that the object of granting maintenance to the wife is thus to ensure that the standard of living as enjoyed by the wife during the marriage, is maintained by the husband even after the marriage ceases to exist. And such consideration is made after looking into the facts and circumstances surrounding each case.

In view of the above, the bench rejected the application.

Case Title: Dr. Arvind Kishore v. Neha Mathur

Bench: Justice Pushpendra Singh Bhati 

Case No.: S.B. Criminal Misc. Application No. 243/2022

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