Pune: A Family Court has ruled that a husband cannot refuse to pay maintenance to his wife and children by citing a loan burden. The court emphasized that the ability to obtain a loan is proof of financial capacity, and thus, the husband must fulfill his financial obligations.
In its interim order, the court directed the husband to pay ₹9,000 per month to his wife and ₹7,000 per month to each of their two children. Additionally, he must cover the children’s educational expenses and travel costs incurred for their visits.
Multiple Court Orders Increase Husband’s Financial Obligations
The case was heard by Judge K.V. Thakur of the Family Court. Notably, a Pimpri court had earlier ordered the husband to pay ₹10,000 per month as maintenance under the Domestic Violence Act. With this new order, the husband will now have to pay maintenance under two separate rulings.
The husband, identified as Raju (name changed), informed the court that he was under a loan burden of ₹30 lakh and had an annual income of ₹4.86 lakh. However, the court concluded that his financial status was stable enough to secure a loan, which indicated that he could not evade maintenance payments.
Background of the Case
Raju and Rasika (name changed) got married in June 2015 and have two children. Following marital disputes, Rasika began living separately on June 30, 2019. On November 12, 2019, Raju filed for divorce. Rasika is not employed, while Raju has a higher income.
Representing Rasika, Advocate Rani Kamble-Sonawane argued that the husband’s income was sufficient to support his family, and financial responsibilities could not be ignored based on loan liabilities.