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Can personal loan be considered while deciding maintenance


08-Jul-2023 (In Criminal Law)
Is husband personal loan can consider while calculating the maintenance? Religion:hindhu
Answers (4)

Answer #1
865 votes
Hi In general, at the time of calculation of Maintenance, courts will only look at the following a)Gross Salary , b)EMI for home loans. c) No of dependents(parent's) d) Medical expenses of parent's etc. However if you can convince the court that the Personal loan for a family necessity, then the courts might consider the EMI . But the discretion is that of the court.
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Advocate Rajagopalan

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Answer #2
697 votes
Yes. Husband's personal loan may also be taken into consideration while deciding the quantum of maintenance to wife. The court may grant maintenance to wife after deducting the liabilities of the husband which includes personal loan.
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Advocate B. Srikiran

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Answer #3
633 votes
Yes, obviously the income that earned by the individual is calculated on the Amount that he is able to draw from his salary. If he is having personal loan then it can be considered while calculating the maintenance.
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Advocate Shake Abdul Azeem

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Answer #4
977 votes
Yes, Personal Loan can be considered while calculating the Maintenance. As your spouse will show that Personal Loan is taken for family expenses and that i need to clear now, for that court will consider the personal loan. ( after the tenure of the loan, you can again file a petition stating that the Personal Loan tenure is completed and my maintenance should increase from now onwards).
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Advocate Srinivas B

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