Case: Deepa Joshi v. Gaurav Joshi (2026)
Court: Supreme Court of India
Bench: Justice Sanjay Karol & Justice Augustine George Masih
Date: 16 April 2026
What were the Issue of the Case?
Is the wife entitled to maintenance?
In relation to the above the couple in the case were married in May of 2023.
The wife left the husband house shortly after the husband was accused of abusing her.
As the wife did not have a job she was entitled to maintenance as outlined in Section 144 of the BNSS.
What did the lower courts decide?
Family Court: ₹8,000 per month
Uttarakhand High Court: Increased to ₹15,000 per month
The wife felt this was still low and approached the Supreme Court.
Key Arguments
Wife’s side:
Husband earns well but his real income was not properly considered.
Courts wrongly reduced his income by considering loan repayments.
She has no income and needs proper support.
Husband’s side:
His income is reduced due to financial liabilities and deductions.
The High Court already increased the amount reasonably.
What did the Supreme Court say?
The Court made some very important observations:
1. Maintenance is a basic right
A wife should not be left in a situation of financial hardship or helplessness.
Maintenance must allow her to live with dignity not just survive.
2. Loan repayments cannot reduce maintenance
The husband argued that his salary is reduced due to loan EMIs.
The Court clearly said:
Loan repayments (especially for assets) are voluntary and cannot override the duty to maintain the wife.
Buying assets or repaying loans is not more important than supporting one’s spouse.
3. Balance is important
Courts must balance:
Husband’s earning capacity
Wife’s needs and standard of living
Final Decision
Supreme Court increased maintenance to ₹25,000 per month
Payable from the same date (18.09.2024)
Arrears must be cleared within 3 month
Monthly payment to be made before 7th of every month
Why this judgment matters
This judgment reinforces an important legal principle:
A husband cannot escape his responsibility of maintenance by showing deductions like loans or EMIs.
It also strengthens the idea that:
Maintenance should be realistic and fair
A wife is entitled to live with dignity not minimal survival
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