Topic

maintenance calculation

2 articlesLatest 1 week ago
Section 125 CrPC | Voluntary PF/ESPP Deductions Excluded From Gross Salary For Maintenance Computation : Gujarat HC
Case Law Analysis
|Gujarat High Court

Section 125 CrPC | Voluntary PF/ESPP Deductions Excluded From Gross Salary For Maintenance Computation : Gujarat HC

The Gujarat High Court ruled that voluntary PF/ESPP deductions cannot be deducted from gross salary for Section 125 maintenance, as they are the husband's assets, not mandatory charges. Applying the Supreme Court's Harpreet Sawhney precedent, it quashed a net-salary-based order and remanded for fresh computation on gross income, safeguarding the wife's maintenance entitlement.

Alimony Quantum Set on Income, Not Loan Deductions | Section 25 Hindu Marriage Act : JHHC
Case Law Analysis
|Jharkhand High Court

Alimony Quantum Set on Income, Not Loan Deductions | Section 25 Hindu Marriage Act : JHHC

The Jharkhand High Court ruled that a husband’s loan repayments cannot be offset against his permanent alimony liability, fixing Rs 40 lakh for the wife and Rs 25 lakh each for the children based on his income. This clarifies that alimony under Section 25 is calculated on earning capacity, not debt servicing, affecting spouses seeking maintenance in Jharkhand.