Deductions from a man’s salary towards various facilities benefiting him cannot be counted, while deciding the quantum of maintenance to be awarded in favour of his wife under Section 125 of the Code of Criminal Procedure (CrPC), said the High Court of Karnataka.
If such deductions are taken into consideration, “then in every petition filed under Section 125 of CrPC there would be a tendency by the husband to create artificial deductions making an attempt to show lesser take-home salary with an intention to mislead the courts” to show an inability to pay maintenance or to ensure a lesser amount as maintenance, the court observed.