The Karnataka High Court on Monday ruled that “artificial” and extra deductions from the husband’s salary, such as house rent recovery, and provident fund contributions, cannot be made deductible from the maintenance granted to an ex-wife.

“What are the compulsorily amounts to be deducted are income tax and professional tax…Considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount,” the court said.

The court dismissed the petition filed by a husband questioning the order of the family court granting maintenance of Rs.15,000 to his ex-wife and Rs.10,000 to his daughter under section 125 CrPC.

The husband works as a manager in the State Bank of India, and provided his salary slip to the court to prove that there are multiple deductions in his take-home pay, while the maintenance amount paid to the wife is very high.

“If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be a tendency by the husband to create artificial deductions attempting to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance,” the court said.

“Hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving a salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award,” the court added.