12/08/2026
Jharkhand HC: Loan EMI Cannot Be Used to Reduce Maintenance Liability
Can a husband reduce his maintenance/alimony liability by showing that a major portion of his salary is going towards loan EMIs? Not ordinarily.
The Jharkhand High Court has held that voluntary loans taken for тАЬfuture wealth constructionтАЭ or asset creation cannot ordinarily be allowed to diminish a husbandтАЩs primary obligation to maintain his wife and children.
In Dr. Rakesh Kumar Tarun v. Anita Kumari, First Appeal No. 133 of 2025, the husband, a contractual doctor, earned a gross monthly income of тВ╣1,61,260, but claimed that тВ╣1,28,252 was deducted towards loan repayments.
The Court held that while deciding permanent alimony, courts must examine the nature and purpose of the loan. Loans taken for speculative investment, asset creation or commitments primarily benefiting the husband may not be treated like necessary and unavoidable expenses.
The Court also emphasized that the husbandтАЩs earning capacity, rather than merely the income left after voluntary deductions, can be relevant while determining maintenance.
Considering the circumstances of the wife and two children, the Court ultimately fixed тВ╣90 lakh as one-time permanent alimony/financial provision:
тАв тВ╣40 lakh for the wife
тАв тВ╣25 lakh for the son
тАв тВ╣25 lakh for the daughter
The principle is important: Voluntary financial commitments cannot automatically take priority over the legal obligation to maintain oneтАЩs family.
тЪЦя╕П Legal Note: Maintenance and permanent alimony depend on the facts and circumstances of each case.