Court considers your net income after taxes in determining maintenance 

2) your education loan would not result in reduction of maintenance 

If you take a loan for higher education, you may very well plead, based on acceptable documentary evidence, your additional financial burden will be strain you from paying the maintenance amount as fixed by the court, and pray for a reduction to the extent of the interest payable now and the EMI later. Your case needs to be argued convincingly.

You can show the expenses towards pursuing higher education and the loan you had taken for the same  as your liabilities in the affidavit for assets and liabilities, which will help you to show a reduced assets in the affidavit.

Maintenance is the amount payable by the husband to his wife in case she is unable to maintain herself either during the subsistence of the marriage or upon separation and divorce. Maintenance should include necessarily include a provision for residence. The amount of maintenance given to a wife is determined by various factors, such as the parties’ position and status, legitimate needs of the claimant, the claimant’s property worth and any income received from it, or from the claimant’s own income, or from any other source.

According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either the husband or wife is entitled to receive his or her maintenance from the spouse in the form of a gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the applicant remarries. The court may vary, modify or rescind any such order in such manner as the court may deem just if it appears to the court that there is a change in the circumstances of either party at any time after it has been made.

Therefore, if you take a loan for higher education, it may affect the amount of maintenance that you have to pay to your wife, depending on how it changes your income and expenses. The court may consider your education loan EMI as a factor while calculating maintenance, but it may not necessarily reduce the maintenance amount. The court may also look at other factors, such as your earning potential after completing your higher education, your wife’s financial needs and status, and the best interests of your children (if any).

Dear client,  In India, maintenance amounts in cases under the Hindu Marriage Act (HMA) and Domestic Violence (DV) cases are determined by the court based on various factors, including the income and expenses of both parties. Whether your higher education loan EMI will be considered in the calculation may depend on the specific circumstances of your case and the discretion of the court.

- As per law, the court is bound to consider many factors including financila conditions of both the parities, eduction , and burden , etc before passing order of maintenace , 

- Hence, you can submit the proof of loan before the court at the time of argument on the maintenance. 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Dear sir,

You are right that the amount of EMI will be reduced and counted while granting maintenance.