Maintenance Case: How Courts Assess EMIs, Loans, Dependent Parents and Medical Expenses

Facing a maintenance case? One of the most important things a husband must understand is that simply listing monthly expenses does not establish financial hardship.

A husband may tell the court:

“I pay a ₹40,000 EMI. My parents depend upon me. I spend ₹20,000 every month on their medicines.”

Those facts may be relevant. But unless they are supported by reliable documents, the court may attach little weight to them.

In a maintenance case, courts generally examine the financial position of both parties, their actual income, reasonable expenses, dependants, existing obligations and the circumstances of the marriage. The exercise is not a mechanical calculation of salary minus every outgoing payment.

This distinction has become particularly important after the Supreme Court’s 2026 decision in Deepa Joshi v. Gaurav Joshi, where the Court made it clear that loan repayments—especially those connected with creation or acquisition of assets—cannot automatically be placed ahead of the obligation to maintain a spouse.

At the same time, recent Delhi High Court decisions demonstrate that genuine responsibilities towards dependent parents and properly documented financial obligations can form part of the overall assessment.

The practical message is straightforward:

In a maintenance case, documentation matters—but documentation alone does not make every expense legally deductible.

What Is the Court Actually Trying to Determine?

A maintenance court is not merely asking:

“How much does the husband earn?”

The broader question is:

What is the paying spouse’s real financial capacity, and what amount of maintenance is fair in the circumstances?

The Supreme Court’s decision in Rajnesh v. Neha, (2021) 2 SCC 324, remains the principal framework governing disclosure and assessment in maintenance proceedings. The Court directed parties to disclose their income, assets and liabilities through prescribed affidavits so that the court can make an objective assessment rather than rely upon unsupported allegations.

This means that a husband facing a maintenance case should not approach the matter as an exercise in merely reducing his apparent income.

He should instead present a complete and verifiable financial picture.

That includes:

• Salary and other income
• Income tax returns
• Bank accounts
• Investments
• Property
• Loans
• EMI obligations
• Dependent parents
• Children and other dependants
• Medical expenditure
• Rent and other genuine necessities
• Existing maintenance orders or payments

The court then decides which of these obligations are legally relevant and what weight they should receive.

1. Is a Home Loan EMI Deducted in a Maintenance Case?

This is one of the most common questions husbands ask.

The short answer is:

Not automatically.

A genuine home loan is certainly a financial liability. But that does not mean that the entire EMI will simply be deducted from income before maintenance is calculated.

The distinction became particularly significant in the Supreme Court’s 2026 judgment in Deepa Joshi v. Gaurav Joshi, 2026 INSC 370.

The Supreme Court observed that loan repayments, particularly where they contribute towards the creation or acquisition of an asset, cannot be treated in the same manner as necessary expenditure so as to substantially reduce the maintenance obligation. The Court emphasised that the obligation to maintain a spouse is a primary obligation.

What Does This Mean in Practical Terms?

Suppose a husband earns ₹1,00,000 per month and pays a ₹40,000 EMI on a house owned by him.

He cannot simply argue:

₹1,00,000 income – ₹40,000 EMI = ₹60,000 available income.

The court may consider the EMI, but it will also examine the nature of the loan, the asset being created or acquired, the parties’ circumstances and the overall financial position.

Therefore, a husband should disclose the EMI honestly, but should not assume that disclosure automatically produces a corresponding deduction.

2. What Documents Should Be Filed to Prove a Loan?

If a loan is being relied upon in a maintenance case, the best approach is to provide a complete documentary trail.

Depending upon the circumstances, this may include:

A vague statement such as “I have a loan of ₹20 lakh” is considerably weaker than a documented loan supported by the lender’s records and actual bank payments.

And the purpose of the loan matters.

A loan taken for an essential purpose may be viewed differently from a voluntary financial commitment undertaken to acquire an additional asset or investment.

3. Recent Delhi High Court Warning: An Unproved Housing Loan May Not Help

A particularly useful illustration comes from the Delhi High Court’s decision in Shri Manav Tandon v. Sidhi Luthra & Anr., decided on 1 September 2026.

The husband challenged an interim maintenance order and argued, among other things, that his housing-loan liability had not been properly considered.

The High Court noted that although a housing loan had been claimed, no document relating to that liability had been produced before the Family Court.

Consequently, the claimed housing-loan liability did not assist the husband at the interim stage.

There was, however, an important distinction.

The Family Court had taken into account the husband’s stated obligation towards his parents and had deducted ₹50,000 per month on that account when determining the interim maintenance. The High Court noted this factor while ultimately declining to interfere with the interim maintenance order.

This case demonstrates two important principles:

• An undocumented loan may carry little weight.
• A genuine and demonstrated responsibility towards dependent parents may be relevant to the overall assessment.

The court also made clear that the interim assessment was based on the material available at that stage and that the parties’ actual income and liabilities could ultimately be determined on the basis of evidence during the proceedings.

4. Dependent Parents Can Be Relevant in a Maintenance Case

This is an area where husbands sometimes either overstate or under-document their position.

Simply saying:

“My parents are old and I maintain them.”

is not enough.

The court may want to know:

• How old are the parents?
• Do they receive a pension?
• Do they have rental income?
• Do they have investments?
• Do they own property?
• Are they otherwise financially independent?
• What are their regular expenses?
• Do they have serious medical conditions?
• What amount does the son actually contribute?
• Is there a regular banking trail showing those payments?

The statutory framework itself recognises maintenance obligations towards parents.

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) permits a Magistrate to order maintenance where a person having sufficient means neglects or refuses to maintain a father or mother who is unable to maintain himself or herself.

For Hindus, Section 20 of the Hindu Adoptions and Maintenance Act, 1956 also recognises the obligation to maintain aged or infirm parents where they are unable to maintain themselves from their own earnings or property.

Therefore, parental dependency can be a genuine part of the financial equation.

But age alone is not the same thing as financial dependency.

5. How Should a Husband Prove That His Parents Are Dependent?

If parents are genuinely dependent, the husband should consider producing documents such as:

Income and Financial Documents

• Pension statement
• Bank statements
• Income-tax records, where applicable
• Details of rental or investment income
• Property ownership details where relevant

Medical Documents

• Prescriptions
• Diagnosis reports
• Hospital records
• Pharmacy bills
• Diagnostic test bills
• Health insurance records

Proof of Support

• Bank transfers to parents
• Payments made directly to hospitals or pharmacies
• Electricity or household bills paid by the son
• Recurring expenses paid on behalf of parents

The objective is not to create an exaggerated expense statement.

It is to demonstrate the actual financial dependency.

6. Parents’ Medical Expenses: Evidence Is Critical

Medical expenses can become significant, particularly where parents are elderly or suffering from chronic conditions.

But the figure should not simply appear in an affidavit as:

“Parents’ medical expenses – ₹25,000 per month.”

The better approach is to establish the expense through a continuous documentary trail.

Ideally:

Diagnosis → Prescription → Medical Bill → Payment → Insurance/Reimbursement → Net Amount Actually Paid

For example, if a hospital bill is ₹30,000 but ₹20,000 is reimbursed under health insurance, the relevant personal burden is not ₹30,000.

The husband should disclose the reimbursement and establish the actual out-of-pocket expenditure.

This improves credibility and prevents the court from treating the claim as an inflated estimate.

The disclosure framework developed in Rajnesh v. Neha is particularly important because the Supreme Court’s objective was to ensure that maintenance decisions are based on meaningful disclosure of financial circumstances rather than competing unsupported claims.

7. A 2026 Delhi High Court Decision Shows Why Every Expense Should Be Classified Properly

The Delhi High Court’s decision in Anurag Manohar Kankarwal v. Soham Rani, decided on 4 April 2026, provides another useful illustration.

The husband relied upon several financial commitments, including a home-loan instalment, health-insurance premium, LIC premiums, school expenses and expenses relating to aged parents and another child.

The Court reiterated that voluntary expenses such as loan repayments, LIC premiums and health-insurance premiums cannot simply override the statutory obligation to pay maintenance.

This is an important distinction.

Not every payment leaving your bank account has the same legal character.

A properly prepared maintenance affidavit should therefore classify expenses instead of placing everything under a single heading called “Liabilities.”

8. What About LIC Premiums and Health Insurance?

A husband may genuinely pay substantial amounts towards:

• LIC policies
• Health insurance
• Life insurance
• Investment-linked policies
• Savings plans

These payments should still be disclosed.

But disclosure does not mean automatic deduction.

Courts may distinguish between expenses necessary for immediate sustenance and voluntary financial commitments undertaken by the paying spouse.

The 2026 Delhi High Court decision in Anurag Manohar Kankarwal illustrates this approach. The Court did not treat such voluntary financial commitments as capable of overriding the statutory maintenance obligation.

The safest approach is therefore:

Disclose the expenditure honestly, but do not build the maintenance defence entirely around it.

9. The 2025 Delhi High Court Decision: A Documented EMI Can Still Matter

The position should not be misunderstood as meaning that EMIs are completely irrelevant.

In Ankush Kumar Parashar v. Sapna @ Mona & Anr., 2025:DHC:7489, the Delhi High Court considered a husband who had produced bank statements showing a home-loan EMI of approximately ₹11,000 per month.

The Court also considered his financial situation, personal expenses and responsibilities towards his parents. On the facts of that case, the maintenance payable to the wife and child was modified from ₹25,000 to ₹17,500 per month.

The Court emphasised that maintenance must be determined in a balanced manner, taking into account the needs of the wife and child as well as the husband’s financial obligations and responsibilities.

This is why it would be incorrect to say:

“EMIs are never considered.”

The more accurate legal position is:

A genuine EMI may be relevant to the overall financial assessment, but it is not necessarily a compulsory deduction from income.

That distinction is extremely important.

10. What Documents Should a Husband File in a Maintenance Case?

A husband facing a maintenance case should approach the disclosure exercise almost like preparing a financial audit.

Income

• Salary slips
• Form 16
• Income-tax returns
• Bank statements
• Details of professional or business income
• Investment income
• Rental income
• Other regular receipts

Assets

• Property documents
• Vehicle details
• Investment statements
• Demat records
• Mutual fund statements
• Bank deposits
• Other substantial assets

Liabilities

• Loan agreements
• Outstanding loan statements
• EMI schedules
• Bank records showing EMI payments
• Credit liabilities
• Court-ordered financial obligations

Parents’ Dependency

• Pension details
• Bank statements
• Medical records
• Pharmacy and hospital bills
• Proof of transfers
• Evidence of recurring expenses

Existing Family Responsibilities

• Children’s school fees
• Existing maintenance orders
• Medical expenses
• Support paid to dependent family members
• Other legally enforceable obligations

11. The Rajnesh v. Neha Disclosure Requirement Still Matters

The Supreme Court’s decision in Rajnesh v. Neha fundamentally changed the way maintenance proceedings are expected to be presented.

The Court directed parties across India to file affidavits disclosing their assets and liabilities. The framework is intended to help courts make an objective assessment of maintenance at the interim stage.

This principle continues to be applied by courts.

For example, a Delhi High Court judgment in April 2026 again referred to the mandatory disclosure framework arising from Rajnesh v. Neha, emphasising that parties in maintenance proceedings are expected to place their income, assets and liabilities before the court through the prescribed disclosure process.

The practical implication is clear:

Do not wait for the court to discover your financial position through cross-examination. Put the complete picture before the court yourself.

12. Do Not Understate Your Income Either

There is another side to the problem.

A husband who exaggerates liabilities can damage his credibility. But so can a husband who understates income.

Courts may examine:

• Bank credits
• Salary slips
• Income-tax returns
• Employer records
• Investments
• Property
• Business receipts
• Lifestyle indicators
• Large unexplained transactions

The Manav Tandon decision is instructive in this respect. The Family Court considered the available banking information and the absence of salary slips and income-tax returns while assessing the husband’s income at the interim stage. The High Court ultimately declined to interfere, while making clear that the final determination would depend upon the evidence produced during the proceedings.

The lesson is simple:

Transparency is generally a stronger strategy than selective disclosure.

13. What Happens When a Husband Has Multiple Maintenance Proceedings?

A person may face proceedings under different legal provisions—for example, proceedings under the BNSS, the Protection of Women from Domestic Violence Act, or matrimonial proceedings under other statutes.

This can create overlapping maintenance orders.

The Supreme Court in Rajnesh v. Neha recognised the need to prevent duplication and directed courts to take previous maintenance orders and payments into account.

The Delhi High Court’s 2026 decision in Anurag Manohar Kankarwal also applied the principle that amounts paid or payable in parallel proceedings should be adjusted or set off so that the same liability is not effectively counted twice.

Therefore, a husband should maintain a complete record of:

• Proceedings pending
• Maintenance orders passed
• Amounts paid
• Dates of payments
• Bank transactions
• Arrears
• Adjustments already granted

14. What a Husband Should Not Do in a Maintenance Case

There are several common mistakes.

Do Not Simply Say “I Have Huge Expenses”

Give documents.

Do Not Treat Every EMI as a Statutory Deduction

The Supreme Court’s 2026 ruling in Deepa Joshi makes this particularly important where the repayment contributes to creation or acquisition of an asset.

Do Not Claim Parents Are Dependent Without Showing Their Financial Position

Their age, income, assets and actual expenditure should be disclosed.

Do Not Give a Round Figure for Medical Expenses

Provide prescriptions, bills and payment records.

Do Not Hide Bank Accounts

Incomplete disclosure can seriously affect credibility.

Do Not Mix Investments With Essential Expenses

LIC premiums, investment commitments and other voluntary financial products should be separately identified.

Do Not Manufacture Liabilities

An unsupported or artificial loan claim can do more harm than good.

A Practical Checklist Before Filing Your Maintenance Affidavit

Before filing an affidavit in a maintenance case, a husband should ask:

1. Have I disclosed all my income?
2. Have I disclosed all material bank accounts and investments?
3. Can I prove every loan that I am relying upon?
4. Can I prove the actual EMI through bank records?
5. Is the loan for an asset, and have I disclosed the asset?
6. Are my parents genuinely dependent upon me?
7. Can I prove their income or lack of sufficient income?
8. Can I prove what I actually spend on them?
9. Can I produce medical records for claimed medical expenses?
10. Have I disclosed insurance reimbursements?
11. Have I disclosed other maintenance orders or payments?
12. Have I followed the disclosure requirements under Rajnesh v. Neha?

This checklist can prevent many avoidable problems.

The Larger Legal Principle: Maintenance Is Not an Accounting Exercise

Perhaps the most important point for a husband facing a maintenance case is this:

The court is not required to accept a simple mathematical formula of income minus liabilities.

The court has to consider the circumstances as a whole.

• The wife’s and children’s legitimate needs matter.
• The husband’s actual earning capacity matters.
• Dependent parents may matter.
• Genuine medical expenses may matter.
• Existing legal obligations may matter.
• But voluntary financial commitments and asset-building investments cannot automatically be placed ahead of the statutory obligation of maintenance.

That is the central lesson emerging from the recent Supreme Court and Delhi High Court decisions.

Conclusion: Prove Your Financial Reality; Do Not Manufacture It

A husband facing a maintenance case should not approach the proceedings by trying to make his income appear as small as possible.

Nor should he exaggerate every expenditure in an attempt to reduce the maintenance amount.

The better legal strategy is complete, accurate and documentary disclosure.

If your parents genuinely depend upon you, prove it.

If they have substantial medical expenses, produce the medical records and payment trail.

If you have a genuine loan, disclose the agreement, outstanding amount and repayment history.

If you are paying an EMI towards a property, disclose the property as well as the loan.

And if the EMI is helping you acquire or build an asset, do not assume that it will automatically be treated as a deduction from your income.

The recent decisions show a consistent theme: courts are looking beyond bare assertions and examining the real financial circumstances of the parties.

In a maintenance case, the strongest defence is therefore not a long list of liabilities.

It is a credible financial record supported by documents.

What you can prove may be considered. What you merely claim may not. And even a proven liability must still satisfy the legal test of relevance, necessity and priority.

Frequently Asked Questions

Can My Home-Loan EMI Be Deducted From My Income in a Maintenance Case?

Not automatically. A genuine home-loan EMI may form part of the overall financial assessment, but the Supreme Court has made clear that loan repayments, particularly those contributing to asset creation or acquisition, cannot automatically be treated as necessary expenditure that substantially reduces the maintenance obligation.

Can I Rely Upon the Fact That My Parents Are Dependent Upon Me?

Yes. Genuine responsibility towards dependent parents can be relevant when determining maintenance. However, dependency should be established through evidence concerning their income, assets, medical needs and the actual financial support provided by you. Section 144 BNSS expressly recognises maintenance of parents unable to maintain themselves, while Section 20 HAMA recognises the obligation towards aged or infirm parents in the circumstances specified by the statute.

What Documents Should I Produce to Prove That My Parents Are Dependent?

Useful evidence may include pension records, bank statements, medical records, hospital and pharmacy bills, evidence of their income or lack of sufficient income, and bank transfers or other payments made by you for their support.

Can Parents’ Medical Expenses Be Considered?

Genuine medical expenses can be relevant to the financial assessment. However, the expenses should be supported by prescriptions, medical reports, hospital or pharmacy bills and proof of the amount actually paid by you.

What If My Medical Expenses Were Reimbursed by Insurance?

Disclose the reimbursement. The court should be given a clear picture of the amount actually borne by you after insurance or other reimbursement.

Will a Personal Loan Automatically Reduce My Maintenance Liability?

No. A personal loan should be disclosed and supported by documents, but the existence of the loan does not automatically make the EMI a deduction from income. Courts examine the nature and purpose of the liability along with the overall financial circumstances.

Are LIC and Insurance Premiums Automatically Deducted?

No. Recent Delhi High Court authority has emphasised that voluntary financial commitments such as loan repayments, LIC premiums and health-insurance premiums cannot simply override the statutory obligation to pay maintenance.

What Happens If I Claim a Loan but Cannot Produce Documents?

The court may give little or no weight to the claimed liability at the interim stage. In Manav Tandon v. Sidhi Luthra, the Delhi High Court noted that no document supporting the claimed housing loan had been produced before the Family Court.

Does Rajnesh v. Neha Still Apply After the BNSS Came Into Force?

Yes. The disclosure principles from Rajnesh v. Neha continue to be relied upon by courts in maintenance proceedings. The BNSS has replaced the CrPC framework in applicable proceedings, including Section 144 concerning maintenance of wives, children and parents, but the Supreme Court’s disclosure framework remains highly relevant to the adjudication of maintenance claims.

What Is the Single Most Important Lesson for a Husband Facing a Maintenance Case?

Do not merely state your liabilities—document them. But also understand that proving a liability does not necessarily mean the entire amount will be deducted from your income.

Legal Disclaimer

This article is intended for general legal information and educational purposes. The outcome of an individual maintenance case depends upon the facts, applicable statute, evidence, income of both parties, existing orders and the discretion of the competent court. A person involved in maintenance proceedings should obtain advice based on the complete facts and documents of the individual case.

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