New Delhi, June 4, 2025

The Delhi High Court has held that voluntary financial commitments, such as personal loans or EMI payments, cannot be used by a husband as grounds to avoid his legal duty to provide maintenance to his wife.

Justice Subramonium Prasad, while deciding a plea challenging a family court order on maintenance, observed that legal obligations arising out of marital responsibilities take precedence over self-imposed financial liabilities.

“Payment of personal loans or EMIs is a matter of personal financial planning and cannot be used to escape the statutory obligation of providing maintenance to a spouse under Section 125 CrPC,” the Court said.

The petitioner-husband had sought a reduction in the maintenance awarded to his estranged wife, citing financial stress due to monthly EMIs. However, the Court emphasized that maintenance is a necessary legal protection for dependent spouses, especially when the wife lacks a steady source of income.

The High Court upheld the family court’s decision, reiterating that essential maintenance cannot be compromised due to financial liabilities undertaken by choice. The judgment reinforces the principle that spousal support is not discretionary but a mandatory duty under Indian law.