Karnataka High Court junks hubby’s fake salary cuts to avoid allowance
BENGALURU: The High Court of Karnataka has said that artificial arrangements made by a man to show more deductions in his salary with an intention to pay a lesser amount of maintenance to his wife cannot be the factor for courts to award a lesser quantum of maintenance.
The court noted that if artificial deductions are considered for awarding maintenance, then in every petition filed under Section 125 of CrPC, there would be a tendency by the husband to show lesser take-home salary to mislead the courts to negate giving maintenance or to give a lesser amount of maintenance.
It is proved that the wife and daughter have become poor because of the husband, who works as a manager with the State Bank of India (SBI) and receives a lucrative salary. Considering these facts and circumstances, it is proved that the husband is financially capable of taking care of his wife and daughter, said Justice Hanchate Sanjeevkumar while dismissing a petition filed by the husband.
The judge imposed a cost of Rs 15,000 on him to be paid to his wife and daughter. The husband questioned the order passed by the family court in Mysuru in August 2023, granting maintenance of Rs 15,000 per month to the 30-year-old wife till her lifetime or till she marries again. It also granted Rs 10,000 per month to the four-year-old daughter till her marriage, along with the litigation cost of Rs 10,000.
The husband, who is drawing a salary of Rs 1.01 lakh per month with a deduction of Rs 23,812, argued that he is unable to pay maintenance as ordered by the family court.
The high court, however, said that there are savings of exorbitant quantum of the amount made deductible just to negate giving maintenance, and the compulsory deductions are income tax and professional tax.
But the deductions from the salary towards provident fund, house rent, loan and insurance premium, and festival advance are for the benefit of the husband only. These amounts cannot be made deductible while considering assessment for maintenance, the court added.
The high court said that the deduction is more than 50%. Hence, it is proved that the husband has made an arrangement to show more deductions with the intention to pay a lesser amount of maintenance.