Leave Deductions Tend To Fluctuate, Can't Be Considered In Computing Maintenance U/S 125 CrPC: Rajasthan HC

Facts of the case 

The husband-applicant filed the current application to contest the High Court's decision upholding the Family Court's order and increasing the maintenance payments due by the applicant to the non-applicants, namely the wife (from Rs. 50,000 to Rs. 75,000) and their minor son (from Rs. 20,000 to Rs. 25,000).

Judgement 

According to the Rajasthan High Court, the baseline for calculating maintenance under Section 125 CrPC cannot include deductions from the husband's monthly salary due to specific leaves that he has taken because they are likely to change over time. 

The court held that the contested judgement unmistakably shows that the wife's income of roughly Rs. 85,000 per month was previously completely taken into account when maintenance was granted. Additionally, it noted that the Court cannot address the husband's claims that the wife committed parental alienation.

In light of this, the court rejected the husband's argument that the family court's determination of the final amount of monthly maintenance due to the non-applicant/wife was incorrectly based on his total monthly income as reported in his income-tax documents and that certain statutory deductions were taken into account.